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					                    Government of the People’s Republic of Bangladesh
                              Directorate of Registration
                             14, Abdul Gani Road, Dhaka




                              TENDER DOCUMENT
                                     FOR

                  Supply and Installation of Computer,
                            Printer & UPS




Invitation for Tender No.                       : Memo No-1M-1/2001/Share-3/06/4064
Issued on                                       : 31-03-2009
Tender Package No.                              : N/A




D:\Docstoc\Working\pdf\83090b0d-a74a-45d0-bb7e-d429a9db002b.doc
Table of Contents

                                                         Table of Contents
Section 1.      Instructions to Tenderers ................................................................................. 1
         A. ......................................................................................................... General
         ............................................................................................................................... 1
         1.     Scope of Tender .......................................................................................................................................... 1
         2.     Source of Funds .......................................................................................................................................... 1
         3.     Corrupt, Fraudulent, Collusive or Coercive Practices ................................................................................. 1
         4.     Eligible Tenderers ....................................................................................................................................... 2
         5.     Eligible Goods and Related Services .......................................................................................................... 3
         6.     Site Visit ..................................................................................................................................................... 3
         B............................................................................................. Tender Document
         ............................................................................................................................... 3
         7.     Tender Document: Sections ........................................................................................................................ 3
         8.     Tender Document: Clarification .................................................................................................................. 3
         9.     Tender Document: Pre-Tender Meeting ...................................................................................................... 4
         10.    Tender Document: Amendment .................................................................................................................. 4
         C. ...................................................................................... Qualification Criteria
         ............................................................................................................................... 4
         11.    General Criteria ........................................................................................................................................... 4
         12.    Experience Criteria ..................................................................................................................................... 4
         13.    Financial Criteria......................................................................................................................................... 4
         D. ........................................................................................ Tender Preparation
         ............................................................................................................................... 5
         14.    Tender : Only One....................................................................................................................................... 5
         15.    Tender: Preparation Costs ........................................................................................................................... 5
         16.    Tender: Language ....................................................................................................................................... 5
         17.    Tender: Contents of Tender......................................................................................................................... 5
         18.    Tender: Submission Sheet, Price Schedules and Specifications Submission Sheet..................................... 5
         19.    Tender: Alternatives .................................................................................................................................... 6
         20.    Tender: Prices and Discounts ...................................................................................................................... 6
         21.    Tender: Currency ........................................................................................................................................ 7
         22.    Tenderer: Documents Establishing Eligibility ............................................................................................ 7
         23.    Goods and Related Services: Documents Establishing Eligibility .............................................................. 7
         24.    Tenderers: Documents Establishing Qualifications..................................................................................... 7
         25.    Tenderer: Disqualification........................................................................................................................... 8
         26.    Tender: Validity ......................................................................................................................................... 8
         27.    Tender: Security .......................................................................................................................................... 8
         28.    Tender Format and Signing ......................................................................................................................... 9
         E........................................................................................... Tender Submission
         ............................................................................................................................. 10
         29.    Tender: Sealing and Marking .................................................................................................................... 10
         30.    Tender: Submission Deadline ................................................................................................................... 10
         31.    Tender: Submitted Late ............................................................................................................................. 10
         32.    Tender: Modification, Substitution or Withdrawal ................................................................................... 10
         F. ........................................................................ Tender Opening and Evaluation
         ............................................................................................................................. 11
         33.    Tender: Opening ....................................................................................................................................... 11
         34.    Tender: Confidentiality ............................................................................................................................. 11
         35.    Tender: Clarification ................................................................................................................................. 11
         36.    Tenderer: Contacting the Purchaser .......................................................................................................... 11
         37.    Tender: Responsive ness ........................................................................................................................... 11
         38.    Tender: Non-conformities, Errors, and Omissions .................................................................................... 12
         39.    Tender: Correction of Arithmetical Errors ................................................................................................ 12
         40.    Tender: Preliminary Examination ............................................................................................................. 12
         41.    Tender: Technical Evaluation ................................................................................................................... 12
         42.    Tender: Financial Evaluation .................................................................................................................... 13
         43.    Tender: No Negotiation............................................................................................................................. 15
         44.    Tender: Comparison .................................................................................................................................. 15
         45.    Tenderer: Post-qualification ...................................................................................................................... 15
         46.    Tenders: Purchaser‟s Right to Accept or to Reject Any or All .................................................................. 15
         G. ............................................................................................. Contract Award
         ............................................................................................................................. 15
         47.    Award Criteria .......................................................................................................................................... 15
         48.    Purchaser‟s Right to Vary Quantities ........................................................................................................ 15


83090b0d-a74a-45d0-bb7e-d429a9db002b.doc                                                                                                                                             i
Table of Contents

         49.      Notification of Award ............................................................................................................................... 15
         50.      Performance Security ................................................................................................................................ 16
         51.      Contract: Signing ...................................................................................................................................... 16
         52.      Advising Unsuccessful Tenderers ............................................................................................................. 16
         53.      Tenderer: Right to Complain.................................................................................................................... 16

Section 2.        Tender Data Sheet .......................................................................................... 17
         A. ..................................................................................................................... General
         ............................................................................................................................. 17
         B. ......................................................................................................... Tender Document
         ............................................................................................................................. 17
         C. ..................................................................................................... Qualification Criteria
         ............................................................................................................................. 18
         D. ..................................................................................................... Preparation of Tender
         ............................................................................................................................. 18
         E. ..................................................................................................... Submission of Tender
         ............................................................................................................................. 19
         F....................................................................................... Opening and Evaluation of Tenders
         ............................................................................................................................. 19
         G. .........................................................................................................Award of Contract
         ............................................................................................................................. 19
Section 3.        General Conditions of Contract .................................................................... 20
         1.       Definitions................................................................................................................................................. 20
         2.       Contract Documents .................................................................................................................................. 20
         3.       Corrupt, Fraudulent, Collusive or Coercive Practices ............................................................................... 20
         4.       Interpretation ............................................................................................................................................. 21
         5.       Documents Forming the Contract and Priority of Documents .................................................................. 22
         6.       Eligibility .................................................................................................................................................. 22
         7.       Governing Language ................................................................................................................................. 22
         8.       Governing Law ......................................................................................................................................... 22
         9.       Gratuities / Agency fees ............................................................................................................................ 22
         10.      Joint Venture, Consortium or Association (JVCA) ................................................................................... 23
         11.      Confidential Information ........................................................................................................................... 23
         12.      Communications and Notices.................................................................................................................... 23
         13.      Patent and Intellectual Property Rights ..................................................................................................... 23
         14.      Copyright .................................................................................................................................................. 24
         15.      Assignment ............................................................................................................................................... 24
         16.      Sub contracting ......................................................................................................................................... 24
         17.      Supplier‟s Responsibilities ........................................................................................................................ 24
         18.      Purchaser‟s Responsibilities ...................................................................................................................... 24
         19.      Scope of Supply ........................................................................................................................................ 24
         20.      Change Orders and Contract Amendments ............................................................................................... 25
         21.      Packing and Documents ............................................................................................................................ 25
         22.      Delivery and Documents and Acceptance ................................................................................................. 25
         23.      Contract Price............................................................................................................................................ 25
         24.      Transport ation .......................................................................................................................................... 26
         25.      Spare Parts ................................................................................................................................................ 26
         26.      Terms of Payment ..................................................................................................................................... 26
         27.      Insurance ................................................................................................................................................... 26
         28.      Taxes and Duties ....................................................................................................................................... 26
         29.      Performance Security ................................................................................................................................ 26
         30.      Specifications and Standards ..................................................................................................................... 27
         31.      Inspections and Tests ................................................................................................................................ 27
         32.      Warranty ................................................................................................................................................... 28
         33.      Extensions of Time ................................................................................................................................... 28
         34.      Liquidated Damages ................................................................................................................................. 28
         35.      Limitation of Liability ............................................................................................................................... 28
         36.      Change in Laws and Regulations .............................................................................................................. 29
         37.      Force Majeure ........................................................................................................................................... 29
         38.      Termination ............................................................................................................................................... 29
         39.      Settlement of Disputes .............................................................................................................................. 30

Section 4.        Particular Conditions of Contract ................................................................ 31
Section 5.        Tender and Contract Forms .......................................................................... 34
         Tender Submission Sheet (Form G – 1 ................................................................................................................ 35

83090b0d-a74a-45d0-bb7e-d429a9db002b.doc                                                                                                                                              ii
Table of Contents

         Price Schedule for Goods (Form G-2A) ............................................................................... 36
         Specifications Submission Sheet (Form G-3) ......................................................................... 38
         Tenderer Information Sheet (Form G-4) ............................................................................... 39
         Manufacturer‟s Authorisation Letter (Form G - 5) ................................................................... 41
         Bank Guarantee for Tender Security (Form G – 6) ................................................................... 42
         Notification of Award (Form G - 7) .................................................................................... 43
         Contract Agreement (Form G - 8) ...................................................................................... 44
         Bank Guarantee for Performance Security (Form G – 9) ............................................................ 45
         Bank Guarantee for Advance Payment (Form G – 10) ............................................................... 46

Section 6.      Schedule of Requirements.............................................................................. 47
Section 7.      Technical Specifications ................................................................................. 49
Section 8.      Drawings .......................................................................................................... 52




83090b0d-a74a-45d0-bb7e-d429a9db002b.doc                                                                                             iii
Section 1. Instructions to Tenderers



                          Section 1. Instructions to Tenderers
                                             A.        General
1.   Scope of       1.1     The Purchaser, as indicated in the Tender Data Sheet (TDS), issues this Tender
     Tender                 Document for the supply of Goods, and Related Services incidental thereto, as specified
                            in the TDS and as detailed in Section 6: Schedule of Requirements. The name of the
                            Tender and the number and identification of its constituent lot(s) are stated in the TDS.

                    1.2     The successful Tenderer will be required to complete the delivery of the goods and
                            related services (when applicable) as specified in the Particular Conditions of Contract
                            (PCC).

                    1.3     Throughout this Tender Document:
                            (a) the term “in writing” means communicated in written form with proof of
                                  receipt;
                            (b) if the context so requires, singular means plural and vice versa; and
                            (c) “day” means calendar day.
2.   Source of      2.1     The Purchaser has been allocated public funds as indicated in the TDS and intends
     Funds                  to apply a portion of the funds to eligible payments under the contract for which this
                            Tender Document is issued.

                    2.2     For the purpose of this provision, “public funds” means any monetary resources
                            appropriated to procuring entities under Government budget, or revenues generated
                            by statutory bodies and corporations or aid grants and credits put at the disposal of
                            procuring entities by the development partners through the Government.

                    2.3     Payments by the development partner, if so indicated in the TDS, will be made only
                            at the request of the Government and upon approval by the development partner in
                            accordance with the applicable Loan/Credit/Grant Agreement, and will be subject in
                            all respects to the terms and conditions of that Agreement.

3.   Corrupt,       3.1     The Government requires that Purchasers, as well as Tenderers and Suppliers shall
     Fraudulent,            observe the highest standard of ethics during the implementation of procurement
     Collusive or           proceedings and the execution of contracts under public funds.
     Coercive
                    3.2     In pursuance of this requirement, the Purchaser shall:
     Practices
                            (a) exclude the Tenderer from participation in the procurement proceedings
                                  concerned or reject a proposal for award; and
                            (b) declare a Tenderer ineligible, either indefinitely or for a stated period of time,
                                  from participation in procurement proceedings under public funds;
                            if it, at any time, determines that the Tenderer has engaged in corrupt, fraudulent,
                            collusive or coercive practices in competing for, or in executing, a contract under
                            public funds.
                    3.3     Should any corrupt, fraudulent, collusive or coercive practice of any kind come to
                            the knowledge of the Purchaser, it shall, in the first place, allow the Tenderer to
                            provide an explanation and shall, take actions only when a satisfactory explanation
                            is not received. Such exclusion and the reasons thereof, shall be recorded in the
                            record of the procurement proceedings and promptly communicated to the Tenderer
                            concerned. Any communications between the Tenderer and the Purchaser related to
                            matters of alleged fraud or corruption shall be in writing.

                    3.4     The Government defines, for the purposes of this provision, the terms set forth below as
                            follows:



83090b0d-a74a-45d0-bb7e-d429a9db002b.doc                                                                        1
Section 1. Instructions to Tenderers


                         (a) “corrupt practice” means offering, giving, or promising to give, directly or
                              indirectly, to any officer or employee of a Procuring Entity or other
                              governmental/private authority or individual, a gratuity in any form, an
                              employment, or any other thing or service of value, as an inducement with
                              respect to an act or decision of, or method followed by, a Procuring Entity in
                              connection with the procurement proceeding;
                         (b) “fraudulent practice” means a misrepresentation or omission of facts in order to
                             influence a procurement proceeding or the execution of a contract to the detriment
                             of the Purchaser;
                         (c) “collusive practice” means a scheme or arrangement among two or more
                             Tenderers, with or without the knowledge of the Purchaser (prior to or after Tender
                             submission), designed to establish Tender prices at artificial, non-competitive
                             levels and to deprive the Purchaser of the benefits of free, open and genuine
                             competition; and
                         (d) “coercive practice” means harming or threatening to harm, directly or indirectly,
                             persons or their property to influence the procurement proceedings, or affect the
                             execution of a contract.
                   3.5     The Tenderer shall be aware of the provisions on fraud and corruption stated in GCC
                           Clause 3 and GCC Sub-Clause 38.1(c).

                   3.6     The Government requires that the Purchaser‟s personnel have an equal obligation
                           not to solicit, ask for and/or use coercive methods to obtain personal benefits in
                           connection with the said proceedings.

4.   Eligible      4.1     This Invitation for Tenders is open to eligible Tenderers from all countries, except for
     Tenderers             any specified in the TDS.

                   4.2     A Tenderer may be a physical or juridical individual or body of individuals, or company,
                           association or any combination of them under agreement in the form of an intended or
                           existing joint venture, consortium or association (JVCA), invited to take part in public
                           procurement or seeking to be so invited or submitting a Tender in response to an
                           Invitation for Tenders. All members of the JVCA shall be jointly and severally liable to
                           the Purchaser. JVCA is distinct from Supplier, Sub-supplier arrangement where the
                           entire responsibility for contract execution rests with the Supplier.

                   4.3     A Government-owned enterprise in Bangladesh may also participate in the Tender if it is
                           legally and financially autonomous, it operates under commercial law, and it is not a
                           dependent agency of the Purchaser.

                   4.4     The Tenderer shall provide in Section 5: Tender and Contract Forms, a statement that the
                           Tenderer (including all members of a JVCA) is not associated, nor has been associated
                           in the past, directly or indirectly, with a consultant or any other entity that has prepared
                           the specifications and other documents for this Invitation for Tenders.

                   4.5     The Tenderer shall not be under a declaration of ineligibility for corrupt, fraudulent,
                           collusive or coercive practices in accordance with ITT Sub-Clause 3.2.

                   4.6     The Tenderer with a consistent history of litigation or a number of arbitration awards
                           against it, shall not be eligible to Tender. The Tenderer shall supply the information
                           requested in para 3.3 of the Tenderer Information Sheet (Form G-4)

                   4.7     The Tenderer shall have the legal capacity to enter into the contract.

                   4.8     The Tenderer shall not be insolvent, be in receivership, be bankrupt or being wound up,
                           its business activities shall not be suspended, and it shall not be the subject of legal
                           proceedings for any of the foregoing.




83090b0d-a74a-45d0-bb7e-d429a9db002b.doc                                                                          2
Section 1. Instructions to Tenderers


                     4.9     The Tenderer shall have fulfilled its obligations to pay taxes and social security
                             contributions under the relevant national laws and regulations.

5.   Eligible        5.1     All goods and related services to be supplied under the contract are eligible, unless their
     Goods and               origin is from a country specified in the TDS.
     Related
     Services        5.2     For purposes of this clause, “origin” means the place where the goods are mined, grown,
                             or produced, or the place from which the related services are supplied.

                     5.3     The origin of goods and services is distinct from the nationality of the Tenderer.

6.   Site Visit      6.1 For goods contracts requiring installation/ commissioning/ networking or similar
                         services at site, the Tenderer, at the Tenderer‟s own responsibility and risk, is
                         encouraged to visit and examine the Site and obtain all information that may be
                         necessary for preparing the Tender and entering into a contract for the supply of goods
                         and related services.

                     6.2 The Tenderer should ensure that the Purchaser is informed of the visit in adequate time
                         to allow it to make appropriate arrangements.

                     6.3 The costs of visiting the Site shall be at the Tenderer‟s own expense.

                                      B.        Tender Document
7.   Tender          7.1   The Sections comprising the Tender Document are listed below and should be read in
     Document:             conjunction with any Amendment issued in accordance with ITT Clause 10.
     Sections                    Section 1 Instructions to Tenderers (ITT)
                                 Section 2 Tender Data Sheet (TDS)
                                 Section 3 General Conditions of Contract (GCC)
                                 Section 4 Particular Conditions of Contract (PCC)
                                 Section 5 Tender and Contract Forms
                                 Section 6 Schedule of Requirements
                                 Section 7 Technical Specifications
                                 Section 8 Drawings
                     7.2 The Purchaser will reject any Tender submission if the Tender Document was not
                         purchased directly from the Purchaser, or through its agent as stated in the TDS.
                     8.1   The Tenderer is expected to examine all instructions, forms, terms, and specifications in
                           the Tender Document as well as in Tender Amendments, if any. Failure to furnish all
                           information or documentation required by the Tender Document may result in the
                           rejection of the Tender.
8.   Tender          8.2   A prospective Tenderer requiring any clarification of the Tender Document shall contact
     Document:             the Purchaser in writing at the Purchaser‟s address indicated in the TDS. The Purchaser
     Clarification         will respond in writing to any request for clarification received no later than seven (7) days
                           prior to the deadline for submission of Tenders.
                     8.3   The Purchaser shall forward copies of its response to all those who have purchased the
                           Tender Document, including a description of the enquiry but without identifying its
                           source.
                     8.4   Should the Purchaser deem it necessary to amend the Tender Document as a result of a
                           clarification, it shall do so following the procedure under ITT Clause 10 and ITT Sub-
                           Clause 30.3.




83090b0d-a74a-45d0-bb7e-d429a9db002b.doc                                                                            3
Section 1. Instructions to Tenderers


9.   Tender        9.1 To clarify issues and to answer questions on any matter arising in the Tender Document,
     Document:         the Purchaser may, if stated in the TDS, invite prospective Tenderers to a Pre-Tender
     Pre-Tender        Meeting at the place, date and time as specified in the TDS. Tenderers are encouraged to
     Meeting           attend the meeting, if it is held.
                   9.2 The Tenderer is requested to submit any questions in writing so as to reach the Purchaser
                       not later than five (5) days prior to the date of the meeting.
                   9.3 Minutes of the pre-Tender meeting, including the text of the questions raised and the
                       responses given, together with any responses prepared after the meeting, will be transmitted
                       within seven (7) days to all those who purchased the Tender Document. Any modification
                       to the Tender Document listed in ITT Sub-Clause 7.1 that may become necessary as a
                       result of the pre-Tender meeting shall be made by the Purchaser exclusively through the
                       issue of an Amendment pursuant to ITT Clause 10 and not through the minutes of the pre-
                       Tender meeting.
                   9.4 Non-attendance at the pre-Tender meeting will not be a cause for disqualification of a
                       Tenderer.
10. Tender         10.1 At any time prior to the deadline for submission of Tenders, the Purchaser for any reason,
    Document:           on its own initiative or in response to a clarification request in writing from a Tenderer,
    Amendment           having purchased the Tender Document, may amend the Tender Document by issuing an
                        amendment.
                   10.2 Any amendment issued shall become an integral part of the Tender Document and shall be
                        communicated in writing to all those who have purchased the Tender Document.
                   10.3 To give a prospective Tenderer reasonable time in which to take an amendment into
                        account in preparing its Tender, the Purchaser may, at its discretion, extend the deadline
                        for the submission of Tenders, pursuant to ITT Sub-Clause 30.3. In the event that an
                        amendment is issued with a period of only one-third or less of the Tendering period
                        remaining, then the deadline for the submission of Tenders may be extended by the
                        Purchaser, if so requested by a substantial number of Tenderers.

                                 C.        Qualification Criteria
11. General Criteria   11.1 The Tenderer shall possess the necessary professional and technical qualifications
                            and competence, financial resources, production capability with equipment and
                            other physical facilities, including after-sales service where appropriate,
                            managerial capability, specific experience, reputation, and the personnel to
                            perform the contract.

                       11.2 To qualify for a multiple number of lots in a package for which tenders are invited
                            in the Invitation for Tenders, The Tenderer shall demonstrate having resources and
                            experience sufficient to meet the aggregate of the qualifying criteria for the
                            individual lots.
12. Experience         12.1 The Tenderer shall have the following minimum level of supply experience to
    Criteria                qualify for supplying the Goods and Related Services under the contract:
                               (a)   a minimum number of years of overall experience in the supply of goods
                                     and related services as specified in the TDS;
                               (b)   specific experience in the supplying of similar goods and related services as
                                     specified in the TDS;
                               (c)   a minimum production capacity or availability of equipment as specified in
                                     the TDS; and
                               (d)   in case of a Tenderer offering to supply goods which the Tenderer did not
                                     manufacture or otherwise produce, the Tenderer has been duly authorized
                                     by the goods‟ manufacturer or producer to supply the goods.
13. Financial          13.1 The Tenderer shall have the following minimum level of financial capacity of
    Criteria                qualify for the supply of goods under the contract:




83090b0d-a74a-45d0-bb7e-d429a9db002b.doc                                                                      4
Section 1. Instructions to Tenderers


                                (a) The satisfactory completion of supply of similar goods of value stated in
                                    the TDS under a single contract in the last five years; and
                                (b) Availability of minimum liquid assets or working capital or credit facilities
                                    from a Bank, as specified in the TDS.

                                    D.      Tender Preparation
14. Tender : Only     14.1 A Tenderer shall submit only one (1) Tender for each lot, either individually or as a
    One                    Member in a JVCA. A Tenderer who submits or participates in more than one (1)
                           Tender for each lot will cause all the Tenders with that Tenderer‟s participation to be
                           rejected.

15. Tender:           15.1 The Tenderer shall bear all costs associated with the preparation and submission of
    Preparation            its Tender, and the Purchaser shall not be responsible or liable for those costs,
    Costs                  regardless of the conduct or outcome of the Tendering process.

16. Tender:           16.1 The Tender, as well as all correspondence and documents relating to the Tender shall be
    Language               written in the English or Bangla language, unless specified otherwise in the TDS.
                           Supporting documents and printed literature furnished by the Tenderer may be in
                           another language provided they are accompanied by an accurate translation of the
                           relevant passages into the English or Bangla language, in which case, for purposes of
                           interpretation of the Tender, such translation shall govern.

                      16.2 The Tenderer shall bear all costs of translation to the governing language and all risks of
                           the accuracy of such translation.

17. Tender:                   (a)    The Tender prepared by the Tenderer shall comprise the following:
    Contents of
                              (b)    The Tender Submission Sheet (Form G-1);
    Tender
                              (c)    the Price Schedule (Form G-2) completed in accordance with ITT Clauses 18,
                                     20 and 21;
                              (d)    Original Tender Security (Form G-6) completed in accordance with ITT
                                     Clause 27;
                              (e)    Specifications Submission Sheet (Form G-3) completed in accordance with
                                     ITT Clause 18;
                              (f)    alternative Tenders, if permitted, in accordance with ITT Clause 19;
                              (g)    written confirmation authorising the signatory of the Tender to commit the
                                     Tenderer, in accordance with ITT Clause 28;
                              (h)    documentary evidence in accordance with ITT Clause 22 establishing the
                                     Tenderer‟s eligibility to Tender, including the Tenderer Information Sheet
                                     (Form G-4) and the Manufacturer‟s Authorisation Letter (Form G-5), when
                                     applicable;
                              (i)    documentary evidence in accordance with ITT Clauses 23 and 37 that the
                                     Goods and Related Services are of eligible origin and conform to the Tender
                                     Document;
                              (j)    documentary evidence in accordance with ITT Clause 24 establishing the
                                     Tenderer‟s qualifications to perform the contract if its Tender is accepted; and
                              (k)    any other document as specified in the TDS.
18. Tender:          18.1 The Tenderer shall submit the completed Tender Submission Sheet (Form G-1) as
    Submission            furnished in Section 5: Tender and Contract Forms. This document shall be
    Sheet, Price          completed without any alterations to its format, filling in all blank spaces with the
    Schedules and         information requested, failing which the tender may be rejected as being non-
                          responsive.
    Specifications


83090b0d-a74a-45d0-bb7e-d429a9db002b.doc                                                                         5
Section 1. Instructions to Tenderers


   Submission        18.2    The Tenderer shall submit the completed Price Schedule for Goods and Related
   Sheet                     Services (Form G-2) as furnished in Section 5: Tender and Contract Forms.

                     18.3    The Tenderer shall submit the completed Specifications Submission Sheet (Form
                             G-3) as furnished in Section 5: Tender and Contract Forms.

                     18.4    All the documents mentioned in ITT Sub-Clauses 18.1 to 18.3 shall be completed
                             without any alterations to their format, filling in all blank spaces with the
                             information requested, failing which the Tender may be rejected as being non-
                             responsive.

19. Tender:          19.1 Unless otherwise stated in the TDS, alternative Tenders shall not be considered.
    Alternatives

20. Tender: Prices    20.1 The prices and discounts quoted by the Tenderer in the Tender Submission Sheet
    and Discounts          (Form G-1) and in the Price Schedule (Form G-2) shall conform to the
                           requirements specified below.

                      20.2 All items for each lot, as listed in Section 6: Schedule of Requirements must be
                           listed and priced separately on the Price Schedule (Form G-2). For any item listed
                           in the Schedule of Requirements, but not shown in the Price Schedule, it shall be
                           assumed that the item is not included in the Tender. For any item listed in the
                           Schedule of Requirements, but shown unpriced in the Price Schedule, it shall be
                           assumed that the price is included in the prices of other items. In all cases the
                           Tender shall be evaluated in accordance with ITT Sub-Clause 20.3.

                      20.3 Tenders are being invited either for individual lots or for any combination of lots
                           and prices quoted shall correspond to 100% of the items and quantities specified
                           for each lot. If so indicated in the TDS Contracts may be awarded on a lot-by-lot
                           basis and Tenderers wishing to offer any price reduction for the award of more
                           than one Contract shall specify in their Tender the price reductions applicable to
                           each lot or combination of lots.

                      20.4 The Tenderer shall indicate on the Price Schedule (Form G-2) the unit prices
                           (where applicable) and the total price of the lot it proposes to supply under the
                           contract.

                     20.5 Prices indicated on the Price Schedule shall be entered separately in the following
                          manner:

                            (a) the price of the goods quoted EXW (ex works, ex factory, ex warehouse, ex
                                showroom, or off-the-shelf, as applicable), including all customs duties and
                                sales and other taxes already paid or payable: (i) on the components and raw
                                materials used in the manufacture or assembly of goods quoted ex works or ex
                                factory; or (ii) on the previously imported goods of foreign origin quoted ex
                                warehouse, ex showroom or off-the-shelf;

                            (b) any Purchaser country local taxes (VAT and other taxes) which will be payable
                                on the goods if the contract is awarded;

                            (c) the price for inland transportation, insurance, and other local costs incidental to
                                delivery of the goods to their final destination, if specified in the TDS; and

                            (d) the price of other related (incidental) services, if any, listed in the TDS.

                     20.6 The Tenderer's separation of price components in accordance with ITT Sub-
                          Clause 20.5 will be solely for the purpose of facilitating the comparison of
                          Tenders by the Purchaser and will not in any way limit the Purchaser‟s right to




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Section 1. Instructions to Tenderers

                            contract on any of the terms offered.

                     20.7 Prices quoted by the Tenderer shall be fixed during the Tenderer‟s performance of
                          the Contract and not subject to variation on any account, unless otherwise
                          specified in the TDS.

21. Tender:           21.1 All prices shall be quoted in Bangladesh Taka.
    Currency

22. Tenderer:         22.1 The Tenderer shall submit documentary evidence to establish its eligibility in
    Documents              accordance with ITT Clause 4 and, in particular, shall:
    Establishing
    Eligibility                (a)    complete the eligibility declarations in the Tender Submission Sheet
                                      (Form G-1), furnished in Section 5: Tender and Contract Forms; and
                               (b)    if in accordance with ITT Sub-Clause 4.2, the Tenderer is an existing or
                                      intended JVCA, it must submit the Tenderer Information Sheet (Form G-
                                      4) and a copy of the JV Agreement, or a letter of intent to enter into such
                                      an Agreement. The respective document shall be signed by all legally
                                      authorised signatories of all the parties to the existing or intended JVCA,
                                      as appropriate.
                      22.2 If so specified in the TDS, a Tenderer that does not manufacture or produce the Goods
                           it offers to supply shall submit the Manufacturer‟s Authorisation Letter (Form G-5)
                           furnished in Section 5: Tender and Contract Forms, to demonstrate that it has been
                           duly authorised by the manufacturer or producer of the Goods to supply the Goods to
                           Bangladesh.

23. Goods and         23.1 To establish the conformity of the Goods and Related Services to the Tender
    Related                Document, the Tenderer shall furnish as part of its Tender the documentary evidence
    Services:              that the goods conform to Section 7: Technical Specifications.
    Documents
                      23.2 The documentary evidence may be in the form of literature, drawings or data, and shall
    Establishing
                           consist of a detailed item by item description of the essential technical and
    Eligibility            performance characteristics of the Goods and Related Services, demonstrating the
                           substantial responsiveness of the Goods and Related Services to those requirements of
                           Section 7: Technical Specifications, and if applicable, a statement of deviations and
                           exceptions. The Tenderer shall note that standards for workmanship, material, and
                           equipment as well as references to brand names or catalogue numbers designated by
                           the Purchaser in its Technical Specifications, are intended to be descriptive only and
                           not restrictive. The Tenderer may substitute alternative standards/ brand names, etc. in
                           its tender provided that it demonstrates to the Purchaser‟s satisfaction that substitutions
                           ensure substantial equivalence.

                      23.3 The Tenderer shall also furnish a list giving full particulars, including available sources
                           and current prices of spare parts, special tools, etc., necessary for the proper and
                           continuing functioning of the goods for a period to be specified in the TDS, following
                           commencement of the use of the goods by the Purchaser.

24. Tenderers:        24.1 Tenderers shall submit documentary evidence to meet the qualification criteria
    Documents              specified in Sub-Section C, Qualification Criteria of the ITT.
    Establishing
    Qualifications    24.2 Tenderers shall submit the Tenderer Information Sheet (Form G-4) furnished in
                           Section 5: Tender and Contract Forms.




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Section 1. Instructions to Tenderers


                      24.3   Tenderers shall include the following information and documents with their Tenders:
                              (a)   total monetary value of similar goods supplied for each of the last five (5)
                                    years;
                              (b)   details of major supplies of similar types of Goods over the last five (5)
                                    years, and clients who may be contacted for further information on those
                                    contracts;
                              (c)   financial reports or balance sheets or profit and loss statements or auditor‟s
                                    reports or bank references with documents or a combination of these
                                    demonstrating the availability of liquid assets to successfully complete the
                                    contract;
                              (d)   authority to seek references from the Tenderer‟s Bankers; and
                              (e)   information on past (5 years) litigation in which the Tenderer has been
                                    involved or in which the Tenderer is currently involved.

                      24.4    Tenders submitted by a JVCA shall comply with the following requirements, and any
                              other requirements as specified in the TDS:
                              (a)   the Tenderer shall include all the information listed in ITT Sub-Clause 24.3 for
                                    each JVCA Member;
                              (b)   the Tender shall be signed so as to be legally binding on all Members;
                              (c)   all Members shall be jointly and severally liable for the execution of the
                                    Contract in accordance with the Contract terms;
                              (d)   one of the Members will be nominated as being in charge, authorised to
                                    incur liabilities, and receive instructions for and on behalf of any and all
                                    Members of the JVCA; and
                              (e)   the execution of the entire Contract, including payment, shall be done
                                    exclusively with the Member in charge.
25.    Tenderer:      25.1 The Purchaser shall disqualify a Tenderer who submits a document containing
   Disqualification        false information for purposes of qualification or misleads or makes false
                           representations in proving its qualification requirements. If such an occurrence is
                           proven, the Purchaser may declare such a Tenderer ineligible, either indefinitely or
                           for a stated period of time, from participation in future procurement proceedings.

                      25.2 The Purchaser may disqualify a Tenderer who has a record of poor performance,
                           such as abandoning the supply, not properly completing the contract, inordinate
                           delays, litigation history or financial failures.

26. Tender:           26.1    Tenders shall remain valid for the period specified in the TDS after the date of Tender
    Validity                  submission prescribed by the Purchaser, pursuant to ITT Clause 30. A Tender valid
                              for a shorter period shall reject by the Purchaser as non-responsive.

                      26.2    In exceptional circumstances, prior to the expiration of the Tender validity period, the
                              Purchaser may solicit the Tenderers‟ consent to an extension of the period of validity
                              of their Tenders. The request and the responses shall be made in writing. The Tender
                              Security provided under ITT Clause 27, shall also be suitably extended promptly. If a
                              Tenderer does not respond or refuses the request it shall not forfeit its Tender
                              Security, but its Tender shall no longer be considered in the evaluation proceedings.
                              A Tenderer agreeing to the request will not be required or permitted to modify its
                              Tender.

27. Tender:           27.1    The Tenderer shall furnish as part of its Tender, a Tender Security in original form
                              (Form G-6) and in the amount specified in the TDS.




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Section 1. Instructions to Tenderers


    Security          27.2   The Tender Security shall:
                             (a) at the Tenderer‟s option be either;
                                   (i)     in the form of a bank draft or pay order; or
                                   (ii) in the form of an irrevocable bank guarantee (Form G-6) issued by a
                                           Scheduled Bank of Bangladesh in the format furnished in Section 5:
                                           Tender and Contract Forms;
                             (b) be payable promptly upon written demand by the Purchaser in the case of
                                    the conditions listed in ITT Sub-Clause 27.5 being invoked; and
                             (c) remain valid for a period of twenty-eight (28) days beyond the original
                                    validity period of Tenders, or beyond any period of extension subsequently
                                    requested in ITT Sub-Clause 26.2.
                      27.3   A Tender not accompanied by a valid Tender Security in accordance with ITT Sub-
                             Clause 27.2, shall be rejected by the Purchaser as non-responsive.

                      27.4   Unsuccessful Tenderers‟ Tender Security will be discharged or returned within
                             twenty-eight (28) days of the end of the Tender validity period specified in ITT Sub-
                             Clause 26.1 and 26.2. The Tender Security of the successful Tenderer will be
                             discharged upon the successful Tenderer‟s furnishing of the Performance Security
                             pursuant to ITT Clause 50 and signing the Contract Agreement.

                      27.5   The Tender Security may be forfeited:
                             (a)    if a Tenderer withdraws its Tender during the period of Tender validity
                                    specified by the Tenderer on the Tender Submission Sheet, except as provided
                                    in ITT Sub-Clause 26.2; or
                             (b)    if the successful Tenderer fails to:
                                    (i)     accept the correction of its Tender Price pursuant to ITT Sub-Clause 39.3;
                                            or
                                    (ii)    furnish a Performance Security in accordance with ITT Clause 50; or
                                    (iii) sign the Contract in accordance with ITT Clause 51.
                      27.6   The Tender Security of a JVCA shall be in the name of the JVCA that submits the
                             Tender. If the JVCA has not been legally constituted at the time of tendering, the
                             Tender Security shall be in the name of all intended JVCA Members as named in the
                             letter of intent mentioned in ITT Sub-Clause 22.1(b).

28. Tender Format     27.7   The Tenderer shall prepare one (1) original of the documents comprising the Tender
    and Signing              as described in ITT Sub-Clause 17.1 and clearly mark it “ORIGINAL”. In addition,
                             the Tenderer shall prepare the number of copies of the Tender, as specified in the
                             TDS and clearly mark each of them “COPY”. In the event of any discrepancy
                             between the original and the copies, the original shall prevail.

                      28.1   The original and each copy of the Tender shall be typed or written in indelible ink and
                             shall be signed by a person duly authorised to sign on behalf of the Tenderer. This
                             authorisation shall consist of a written authorisation and shall be attached to the
                             Tenderer Information Sheet (Form G-4). The name and position held by each person
                             signing the authorisation must be typed or printed below the signature. All pages of
                             the original and of each copy of the Tender, except for un-amended printed literature,
                             shall be numbered sequentially and signed or initialled by the person signing the
                             Tender.

                      28.2   Any interlineations, erasures, or overwriting shall be valid only if they are signed or
                             initialled by the person(s) signing the Tender.




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Section 1. Instructions to Tenderers


                                     E.        Tender Submission
29. Tender: Sealing   29.1   The Tenderer shall enclose the original in one (1) envelope and all the copies of the
    and Marking              Tender in another envelope, duly marking the envelopes as “ORIGINAL” and
                             “COPY.” The two (2) envelopes shall then be enclosed and sealed in one (1) single
                             outer envelope.

                      29.2   The inner and outer envelopes shall:
                              (a) bear the name and address of the Tenderer;
                              (b) be addressed to the Purchaser at the address specified in the TDS;
                              (c) bear the name of the Tender and the Tender Number as specified in the TDS;
                                  and
                              (d) bear a statement “DO NOT OPEN BEFORE…” the time and date for Tender
                                  opening as specified in the TDS.
                      29.3   If all envelopes are not sealed and marked as required by ITT Sub-Clause 29.2, the
                             Purchaser will assume no responsibility for the misplacement or premature opening
                             of the Tender.

30. Tender:           30.1   Tenders must be received by the Purchaser at the address specified in ITT Sub-Clause
    Submission               29.2 no later than the date and time as specified in the TDS.
    Deadline

                      30.2   Tenders may be hand delivered, posted by registered mail or sent by courier. The
                             Purchaser shall, on request, provide the Tenderer with a receipt showing the date and
                             time when its Tender was received.

                      30.3   The Purchaser may, at its discretion, extend the deadline for the submission of
                             Tenders by amending the Tender Document in accordance with ITT Clause 10, in
                             which case all rights and obligations of the Purchaser and Tenderers previously
                             subject to the deadline shall thereafter be subject to the new deadline as extended.

31. Tender:           31.1   Any Tender received by the Purchaser after the deadline for submission of Tenders in
    Submitted Late           accordance with ITT Clause 30 shall be declared late, will be rejected, and returned
                             unopened to the Tenderer.

32. Tender:           32.1   A Tenderer may modify, substitute or withdraw its Tender after it has been submitted
    Modification,            by sending a written notice, duly signed by the same authorised representative, and
    Substitution or          shall include a copy of the authorisation in accordance with ITT Sub-Clause 28.2,
    Withdrawal               (except that no copies of the withdrawal notice are required). The corresponding
                             substitution or modification of the Tender must accompany the respective written
                             notice. The written notice must be:
                               (a)        submitted in accordance with ITT Clauses 28 and 29 (except that
                                          withdrawal notices do not require copies), and in addition, the respective
                                          envelopes shall be clearly marked “MODIFICATION” “SUBSTITUTION,”
                                          OR “WITHDRAWAL,” and

                               (b)        received by the Purchaser prior to the deadline prescribed for
                                          submission of Tenders, in accordance with ITT Clause 30.
                      32.2   Tenders requested to be withdrawn in accordance with ITT Sub-Clause 32.1 shall be
                             returned unopened to the Tenderers, only after the Tender opening.

                      32.3   No Tender shall be modified, substituted or withdrawn after the deadline for
                             submission of Tenders specified in ITT Clause 30.




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Section 1. Instructions to Tenderers


                        F.       Tender Opening and Evaluation
33. Tender:           33.1   The Purchaser shall open the Tenders in public, including modifications or
    Opening                  substitutions made pursuant to ITT Clause 32, at the time, on the date, and at the one
                             place specified in the TDS. Tenders for which an acceptable notice of withdrawal has
                             been submitted pursuant to ITT Clause 32 shall not be opened. Tenderers or their
                             authorised representatives shall be allowed to attend and witness the opening of
                             Tenders, and shall sign a register evidencing their attendance.

                      33.2   The name of the Tenderer, Tender modifications, substitutions or withdrawals, total
                             amount of each Tender, number of corrections, discounts, and the presence or
                             absence of a Tender Security, any alternatives if so permitted, and such other details
                             as the Purchaser, at its discretion, may consider appropriate, shall be read out aloud
                             and recorded. Only those discounts and alternative offers read out at the Tender
                             opening shall be considered for evaluation. All pages of the original of the Tenders,
                             except for un-amended printed literature, will be initialled by a minimum of three (3)
                             members of the Purchaser‟s Tender Opening Committee.

                      33.3   Minutes of the Tender opening shall be made by the Purchaser and furnished to any
                             Tenderer upon receipt of a written request. The minutes shall include, as a minimum:
                             the name of the Tenderer and whether there is a withdrawal, substitution or
                             modification, the Tender Price, per lot if applicable, including any discounts and
                             alternative offers, and the presence or absence of a Tender Security, if one was
                             required.

                      33.4   Tenders not opened and read out at the Tender opening shall not be considered,
                             irrespective of the circumstances, and shall be returned unopened to the Tenderer.

                      33.5   No Tender shall be rejected at the Tender opening, except for late Tenders, which
                             shall be returned unopened to the Tenderer pursuant to ITT Clause 31.

34. Tender:           34.1   After the opening of Tenders, information relating to the examination, clarification,
    Confidentiality          and evaluation of Tenders and recommendations for award shall not be disclosed to
                             Tenderers or other persons not officially concerned with the evaluation process until
                             after the award of the Contract is announced.

35. Tender:           35.1   The Purchaser may ask Tenderers for clarification of their Tenders in order to
    Clarification            facilitate the examination and evaluation of Tenders. The request for clarification and
                             the response shall be in writing, and any changes in the prices or substance of the
                             Tender shall not be sought, offered or permitted, except to confirm the correction of
                             arithmetical errors discovered by the Purchaser in the evaluation of the Tenders, in
                             accordance with ITT Clause 39.
36. Tenderer:         36.1   Following the opening of the Tenders and until the Contract is signed no
    Contacting the           Tenderer shall make any unsolicited communication to the Purchaser or try in
    Purchaser                any way to influence the Purchaser‟s examination and evaluation of the Tenders.

                      36.2   Any effort by a Tenderer to influence the Purchaser in its decisions on the
                             examination, evaluation, comparison, and post-qualification of the Tenders or
                             Contract award may result in the rejection of its Tender.
                      36.3   Notwithstanding ITT Sub Clause 36.1, from the time of Tender opening to the
                             time of Contract award, if any Tenderer wishes to contact the Purchaser on any
                             matter related to the tendering process, it should do so in writing.
37. Tender:           37.1   The Purchaser‟s determination of a Tender‟s responsiveness is to be based on the
    Responsiveness           contents of the Tender itself without recourse to extrinsic evidence.
                      37.2   A substantially responsive Tender is one that conforms in all respects to the
                             requirements of the Tender Document without material deviation, reservation, or
                             omission. A material deviation, reservation, or omission is one that:



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Section 1. Instructions to Tenderers


                      37.3   affects in any substantial way the scope, quality, or performance of the Goods
                             and Related Services specified in the Contract; or
                               a) limits in any substantial way or is inconsistent with the Tender Document,
                                    the Purchaser‟s rights or the Tenderer‟s obligations under the Contract; or
                               b) if rectified would unfairly affect the competitive position of other
                                    Tenderers presenting substantially responsive Tenders.
                      37.4   If a Tender is not substantially responsive to the Tender Document it shall be rejected
                             by the Purchaser and shall not subsequently be made responsive by the Tenderer by
                             correction of the material deviation, reservation or omission.

                      37.5   There shall be no requirement as to the minimum number of responsive Tenders.

38. Tender: Non-      38.1   The Purchaser may regard a Tender as responsive even if it contains minor deviations
    conformities,            that do not materially alter or depart from the characteristics, terms, conditions and
    Errors, and              other requirement set forth in Tender Document or if it contains errors or oversights
    Omissions                that are capable of being corrected without affecting the substance of the Tender.

                      38.2   Provided that a Tender is substantially responsive, the Purchaser may request that the
                             Tenderer submits the necessary information or documentation, within a reasonable
                             period of time, to rectify nonmaterial nonconformities or omissions in the Tender
                             related to documentation requirements. Such omission shall not be related to any
                             aspect of the price of the Tender. Failure by the Tenderer to comply with the request
                             may result in the rejection of its Tender.

39. Tender:           39.1   Provided that the Tender is substantially responsive, the Purchaser shall correct
    Correction of            arithmetical errors on the following basis:
    Arithmetical              (a)    if there is a discrepancy between the unit price and the total price that is
    Errors                           obtained by multiplying the unit price and quantity, the unit price shall
                                     prevail and the total price shall be corrected, unless, in the opinion of the
                                     Purchaser, there is an obvious misplacement of the decimal point in the
                                     unit price, in which case the total price as quoted shall govern and the
                                     unit price shall be corrected;
                              (b)    if there is an error in a total corresponding to the addition or subtraction
                                     of subtotals, the subtotals shall prevail and the total shall be corrected;
                                     and
                              (c)    if there is a discrepancy between words and figures, the amount in words
                                     shall prevail, unless the amount expressed in words is related to an
                                     arithmetical error, in which case the amount in figures shall prevail
                                     subject to (a) and (b) above.
                      39.2   Any arithmetical error or other discrepancy, as stated in ITT Sub-Clause 39.1, is
                             found it shall be immediately notified to the concerned Tenderer.
                      39.3   Any Tenderer that does not accept the correction of errors as determined by the
                             application of ITT Sub-Clause 39.1, its Tender shall be disqualified and its Tender
                             Security may be forfeited.
40. Tender:           40.1   The Purchaser shall firstly examine the Tenders to confirm that all documentation
    Preliminary              requested in ITT Clause 17 has been provided, and to determine the completeness of
    Examination              each document submitted.

                      40.2   The Purchaser shall assess whether the Tenderer‟s Qualifications as per Section C are
                             substantially met. Any negative determination by the Purchaser will result in rejecting
                             the Tender as non-responsive without the need for further evaluation as per ITT
                             Clauses 41 and 42.
41. Tender:           41.1   The Purchaser shall secondly examine the Tender to confirm that all terms and



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Section 1. Instructions to Tenderers


    Technical                conditions specified in the GCC and the PCC have been accepted by the Tenderer
    Evaluation               without any material deviation or reservation.

                      41.2   The Purchaser shall evaluate the technical aspects of the Tender submitted in
                             accordance with ITT Clause 23, to confirm that all requirements specified in Section
                             7: Technical Specifications, have been met without any material deviation or
                             reservation.

                      41.3   If, after the examination of the terms and conditions and the technical aspects of the
                             Tender, the Purchaser determines that the Tender is not substantially responsive in
                             accordance with ITT Clause 37, it shall reject the Tender.

42. Tender:           42.1   The Purchaser shall thirdly evaluate each Tender that has been determined, up to this
    Financial                stage of the evaluation, to be substantially responsive.
    Evaluation
                      42.2   To evaluate a Tender, the Purchaser shall consider the following:
                              (a)    the Tender price as quoted in accordance with ITT Clauses 18 and 20,
                                     excluding local taxes (VAT and other taxes) which will be payable on the
                                     goods if contract is awarded);
                              (b)    price adjustment for correction of arithmetical errors pursuant to ITT
                                     Sub-Clause 39.1;
                              (c)    the applicable economic factors of evaluation set out in ITT Sub-Clause
                                     42.3.
                      42.3   The Purchaser‟s economic evaluation of a Tender will take into account, in
                             addition to the delivered price offered in accordance with ITT Sub-Clause 18.1,
                             one or more of the factors affecting the economic value of the Tender from the list
                             below, as specified in the TDS, and as quantified in ITT Sub-Clause 42.5:
                              (a)    the delivery schedule offered in the Tender; and
                              (b)   the cost of components, mandatory spare parts, and service;
                              (c)   the availability in Bangladesh of spare parts and after-sales services for the
                                     equipment offered in the Tender;
                              (d)   the projected operating and maintenance costs during the anticipated life-
                                     cycle of the equipment;
                              (e)   the performance and productivity of the equipment offered; or
                              (f)   any other specific criteria as specified in Section 7: Technical
                                    Specifications.
                      42.4   For those factors specified in ITT Sub Clause 42.3 which are selected to be
                             considered in the evaluation of the Tenders, one or more of the following
                             quantification methods shall be applied, as specified in the TDS.
                             (a)    Delivery schedule:
                             (i)    The goods covered under the IFT are required to be delivered at the time
                                    specified in Section 6: Schedule of Requirements. Treating the Tender
                                    with the earliest delivery as the base, a delivery „adjustment‟ will be
                                    calculated for other Tenders for the purpose of evaluation, by applying a
                                    percentage, as specified in the TDS, of the Tender price for each week of
                                    delay beyond the base, and this will be added to the Tender price for
                                    evaluation. No credit shall be given to early delivery.
                              or
                             (ii)    The goods covered under the IFT are required to be delivered within an
                                     acceptable range of weeks as specified in Section 6: Schedule of
                                     Requirements. No credit shall be allowed to earlier deliveries, and Tenders
                                     offering delivery beyond this range shall be treated as non-responsive.



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Section 1. Instructions to Tenderers

                                           Within this acceptable range, an adjustment per week, as specified in the
                                           TDS, will be added, for the purpose of evaluation, to the Tender price of
                                           Tenders offering deliveries later than the earliest delivery period specified
                                           in Section 6: Schedule of Requirements.
                               or
                               (iii) The goods covered under the IFT are required to be delivered in partial
                                     shipments, as specified in Section 6: Schedule of Requirements. Tenders
                                     offering deliveries later than the specified deliveries will be adjusted for
                                     the purpose of evaluation by adding to the Tender price a factor equal to a
                                     percentage, as specified in the TDS, of the Tender price per week of
                                     variation from the specified delivery schedule.
                             (b)          Cost of components and mandatory spare parts:
                                          The schedule of items and quantities of major assemblies, components, and
                                          selected spare parts, likely to be required during the initial period of
                                          operation specified in the TDS is annexed to Section 7: Technical
                                          Specifications. The total cost of these items, at the unit prices quoted in
                                          each Tender, will be added to the Tender price.
                             (c)          Spare parts and after sales service facilities in Bangladesh:
                                          The cost to the Purchaser of establishing the minimum service facilities and
                                          parts inventories, as outlined in the TDS or Section 7: Technical
                                          Specifications, if quoted separately, shall be added to the Tender price.
                             (d)          Projected operating and maintenance costs:
                                          Operating and maintenance costs of the goods will be evaluated in
                                          accordance with the criteria specified in the TDS or in Section 7: Technical
                                          Specifications.
                             (e)          Performance and productivity of the equipment:
                                     (i)        Tenderers shall state the guaranteed performance or efficiency of their
                                                equipment offered in response to Section 7: Technical Specifications.
                                                For each drop in the performance or efficiency below the norm of 100,
                                                an adjustment for an amount specified in the TDS will be added to the
                                                Tender price for the purpose of evaluation, representing the capitalized
                                                cost of additional operating costs over the life of the plant, using the
                                                methodology specified in Section 7: Technical Specifications.
                                          or
                                    (i)        Equipment offered shall have a minimum productivity specified under
                                               the relevant provision in Section 7: Technical Specifications, to be
                                               considered responsive. Evaluation shall be based on the cost per unit of
                                               the actual productivity of goods offered in the Tender, and adjustment
                                               will be added to the Tender prices for the purpose of evaluation, using
                                               the methodology specified in Section 7: Technical Specifications.
                             (f)          Specific additional criteria:
                                               Other specific additional criteria to be considered in the evaluation and the
                                               evaluation method to be used for such criteria shall be as specified in the
                                               TDS and/or Section 7: Technical Specifications.
                      42.5     If so indicated in the TDS (ITT Sub-Clause 20.3), the Tender Document shall allow
                              Tenderers to quote separate prices for one or more lots, and shall allow the Purchaser
                              to award one or multiple lots to more than one Tenderer following the methodology
                              specified in ITT Sub-Clause 42.6.

                      42.6    To determine the lowest evaluated lot, or combination of lots, the Purchaser
                              shall:
                              (a)          evaluate only the lot or lots which comply with the requirements specified



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Section 1. Instructions to Tenderers

                                      in ITT Sub-Clause 20.3;
                               (b)    take into account:
                                      (i)     the experience and resources sufficient to meet the aggregate of the
                                              qualifying criteria for the individual lots;
                                      (ii)    the lowest-evaluated Tender for each lot calculated in accordance
                                              with the requirements of Evaluation Criteria;
                                      (iii)   the price reduction per lot or combination of lots and the
                                              methodology for their application as offered by the Tenderer in its
                                              Tender; and
                                       (iv) the Contract award sequence that provides the optimum economic
                                            combination, taking into account any limitations due to constraints
                                            in supply or execution capacity determined in accordance with the
                                            post-qualification criteria under ITT Clause 45.

43. Tender: No          43.1   No negotiation shall be held with the lowest or any other Tenderer.
    Negotiation
                        43.2   A Tenderer shall not be required, as a condition for award, to undertake
                               responsibilities not stipulated in the Tender Document, to change its price or
                               otherwise to modify its Tender.

44. Tender:             44.1   The Purchaser shall compare all substantially responsive Tenders to determine the
    Comparison                 lowest-evaluated Tender, in accordance with ITT Clause 42.

45. Tenderer: Post-     45.1   The Purchaser shall determine to its satisfaction whether the Tenderer that is selected
    qualification              as having submitted the lowest evaluated and substantially responsive Tender is
                               qualified to perform the Contract satisfactorily.

                        45.2   The determination shall be based upon an examination of the documentary evidence
                               of the Tenderer‟s qualifications submitted by the Tenderer, pursuant to ITT Clause
                               24, to clarifications in accordance with ITT Clause 35 and the qualification criteria
                               indicated in ITT Clauses 11, 12 and 13. Factors not included therein shall not be used
                               in the evaluation of the Tenderer‟s qualification.

                        45.3   An affirmative determination shall be a prerequisite for award of the Contract to the
                               Tenderer. A negative determination shall result in rejection of the Tenderer‟s Tender,
                               in which event the Purchaser shall proceed to the next lowest evaluated Tender to
                               make a similar determination of that Tenderer‟s capabilities to perform satisfactorily.

46. Tenders:            46.1   The Purchaser reserves the right to accept any Tender, to annul the Tender process, or
    Purchaser‟s Right          to reject any or all Tenders, at any time prior to contract award, without thereby
    to Accept or to            incurring any liability to the affected Tenderers, or any obligation to inform Tenderers
    Reject Any or All          of the grounds for the Purchaser‟s actions.

                                      G.        Contract Award
47. Award Criteria      47.1   The Purchaser shall award the Contract to the Tenderer whose offer is substantially
                               responsive to the Tender Document and that has been determined to be the lowest
                               evaluated Tender, provided further that the Tenderer is determined to be qualified to
                               perform the Contract satisfactorily.

48. Purchaser‟s         48.1   The Purchaser reserves the right at the time of Contract Award to increase or decrease
    Right to Vary              the quantity, per item, of Goods and Related Services originally specified in Section
    Quantities                 6: Schedule of Requirements, provided this does not exceed the percentages indicated
                               in the TDS, and without any change in the unit prices or other terms and conditions of
                               the Tender and the Tender Document.

49. Notification of     49.1   Prior to the expiration of the period of Tender validity, the Purchaser shall notify the


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Section 1. Instructions to Tenderers


    Award                    successful Tenderer, in writing, that its Tender has been accepted.

                     49.2    Until a formal Contract is prepared and executed, the Notification of Award shall
                             constitute a binding Contract.

                      49.3   The Notification of Award shall state the value of the proposed Contract, the amount
                             of the Performance Security, the time within which the Performance Security shall be
                             submitted and the time within which the Contract shall be signed.

50. Performance       50.1   Within fourteen (14) days of the receipt of Notification of Award from the Purchaser,
    Security                 the successful Tenderer shall furnish Performance Security for the due performance
                             of the Contract in the amount specified in the TDS, using for that purpose the
                             Performance Security Form (Form G-8) furnished in Section 5: Tender and Contract
                             Forms.

                      50.2   The Performance Security shall be valid until a date twenty-eight (28) days after the
                             date of completion of the Supplier‟s performance obligations under the Contract,
                             including any warranty obligations.

                      50.3   The proceeds of the Performance Security shall be payable to the Purchaser
                             unconditionally upon first written demand as compensation for any loss resulting
                             from the Supplier‟s failure to complete its obligations under the Contract.

51. Contract:         51.1   At the same time as the Purchaser issues the Notification of Award, the Purchaser
    Signing                  shall send the Contract Agreement and all documents forming the Contract, to the
                             successful Tenderer.
                      51.2   Within twenty-one (21) days of receipt of the Contract Agreement, the successful
                             Tenderer shall sign, date and return it to the Purchaser.
                      51.3   Failure of the successful Tenderer to submit the Performance Security pursuant to
                             ITT Clause 50 or sign the Contract pursuant to ITT Sub-Clause 51.2 shall constitute
                             sufficient grounds for the annulment of the award and forfeiture of the Tender
                             Security. In that event, the Purchaser may award the Contract to the next lowest
                             evaluated responsive Tenderer at their quoted price (corrected for arithmetical errors),
                             who is assessed by the Purchaser to be qualified to perform the Contract
                             satisfactorily.
                      51.4   Immediately upon receipt of the signed Contract Agreement and Performance
                             Security from the successful Tenderer, the Purchaser shall discharge and return the
                             successful Tenderer‟s Tender Security.
52. Advising          52.1   Upon the successful Tenderer furnishing Performance Security pursuant to ITT
    Unsuccessful             Clause 50, and signing the Contract pursuant to ITT Sub-Clause 51.2, the Purchaser
    Tenderers                shall also notify all other Tenderers that their Tenders have been unsuccessful.

                      52.2   The Purchaser shall promptly respond in writing to any unsuccessful Tenderer who,
                             after notification in accordance with ITT Sub-Clause 52.1, requests in writing for the
                             Purchaser to communicate the grounds on which its Tender was not selected.
53. Tenderer:         53.1   Any Tenderer has the right to complain if it has suffered or may suffer loss or damage
    Right to                 due to a branch of a duty imposed on the Purchaser by the Public Procurement
    Complain                 Regulations 2008 (PPR).
                      53.2   The Complaint shall firstly be processed through an administrative review following
                             the procedures set act in Regulation 51 of the PPR. The place and address for the first
                             step in the submission of complaints to the Administrative Authority is provided in
                             the TDS.
                      53.3   If not satisfied with the outcome of the administrative review, the Tenderer may
                             complain to the Review Panel pursuant to Regulation 53 of the PPR.




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Section 2. Tender Data Sheet




                           Section 2. Tender Data Sheet
                  Amendments of, and Supplements to, Clauses in the Instruction to
 ITT Clause       Tenderers

                                          A.       General
 ITT 1.1          The Purchaser is:
                          The Secretary
                          Local Government Division (LGD)
                          Ministry of Local Government, Rural Development & Cooperatives
                          Bangladesh Secretariat, Dhaka
                     represented by
                           Director-1, LGD
                  The Name of the Tender is:
                           Supply and Installation of Computer, Printer and UPS.
                  The number and identification of lots comprising the Tender are:
                           The tender comprises of only 1(one) lot:
                           Lot No 1: “Supply and Installation of Computer, Printer and UPS”;

 ITT 2.1          The source of public fund is: GOB.

 ITT 2.3          The name of the Development Partner is: None.

 ITT 4.1          Tenderers from the following countries are not eligible:
                           Israel
 ITT 5.1          Goods and Related Services from the following counties are not eligible:
                           Israel

                                    B.     Tender Document
 ITT 7.2          The following are authorised agents of the Purchaser for the purpose of providing the
                  Tender Document:
                           “None”

 ITT 8.1          For clarification of Tender purposes only, the Purchaser‟s address is:
                     Attention: Computer Programmer, LGD
                     Address:     Local Government Division
                                  Ministry of Local Government, Rural Development & Cooperatives
                                  Bangladesh Secretariat, Dhaka
                  Telephone: 7160194
                  Facsimile number: 7164374
                  Electronic mail address: lgprog@lgd.gov.bd
 ITT 9.1          A Pre- Tender meeting shall not be held.




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                                C.        Qualification Criteria
 ITT 12.1(a)      The Tenderer shall have a minimum of Five (5) years of overall experience in the supply
                  of goods and related services for which the tender is invited.

 ITT 12.1(b)      The Tenderer shall have a minimum of Three (3) years of specific experience in the
                  supply of similar goods and related services.

 ITT 12.1(c)      The minimum production capacity or availability of equipment is/ are:
                         Not Applicable

 ITT 13.1(a)      The minimum supply value of goods under a single contract in the last five years is :
                         Tk. 50,00,000.00 (Taka two fifty lakh).
 ITT 13.1(b)      The minimum amount of liquid asset or working capital or credit facility is
                         Tk. 50,00,000.00 (Bangladesh Taka fifty lakh).

                               D.         Preparation of Tender
 ITT 16.1         The Tender, as well as all correspondence and documents relating to the Tender shall be
                  written in the English language.

 ITT 17.1(j)      The Tenderer shall submit with its Tender the following additional documents: ”None”

 ITT 19.1         Alternative Tenders will not be permitted.

 ITT 20.3         Tenders are being invited for 1(one) lot.
    &                      Evaluation of Tenders and Award of Contracts will be done on full lot basis.
 ITT 42.5
                  The final destination of the goods is:
 ITT 20.5 (c)
                           As per attached list of 55 districts .



 ITT 20.5 (d)     The Tenderer shall submit prices for the following incidental services (Related Services)
                  for supply of goods under:
                           Lot No. 1: Supply and Installation of Computer, Printer and UPS.

 ITT 20.7         The prices quoted by the Tenderer shall be fixed for the duration of the Contract.

 ITT 22.2         A Manufacturer‟s Authorisation Letter is required for the item no.1 listed (under A. List
                  of Goods and Delivery Schedule) in Section 6: Schedule of Requirements.

 ITT 26.1         The Tender validity period shall be 91 (ninety one) days.

 ITT 27.1         The amount of the Tender Security shall be
                         For Lot 1: Tk . 1, 40,000.00 (Bangladesh Taka one lakh forty thousand) only.

 ITT 28.1         In addition to the original of the Tender, two copies shall be submitted.




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Section 2. Tender Data Sheet



                                  E.       Submission of Tender
 ITT 29.2(b)        For Tender submission purposes only, the Purchaser‟s address is:
                    Attention:         Inspector of Registration offices
                                       Western Circle. Registration Directorate, Dhaka
                    The deadline for submission of Tenders is 10:00 A.M to 12-00 Noon. on 22/04/2009

 ITT 29.2(c)        The inner and outer envelope shall bear the following information:
                            Name of the Tender:
                            Tender Number:
                            Lot No.:
                            Title of the Lot:
 ITT 29.2(d)        The inner and outer envelope shall bear the following :
                             “DO NOT OPEN BEFORE 1:00 PM ON 22.04.2009”

                       F.        Opening and Evaluation of Tenders
 ITT 33.1           Inspector of Registration offices
                    Western Circle. Registration Directorate, Dhaka
                                     .
                    On Time & Date: 1:00 PM on 22-04-2009



 ITB 42.4           The applicable economic factors for evaluation shall be as follows:
                             “None”.
 ITT 42.4(a) (ii)   The following quantification methods shall be applied.
                             “None”
 ITT 42.4(b)        Cost of components and mandatory spare parts
                              “None”
 ITT 42.4(c)        Spare parts and after-sales service facilities in Bangladesh.
                             “Must have Spare parts and after-sales service facilities”
 ITT 42.4(d)        Projected operating and maintenance costs.
                             “None”

 ITT 42.4(e)        Performance and productivity of equipment.
                            “None”

                                    G.        Award of Contract
 ITT 48.1           The maximum percentage by which quantities/weight per item may be increased is 15%
                    The maximum percentage by which quantities/weight per item may be decreased is 15%

 ITT 50.1           The amount of Performance Security shall be ten [10] percent of the Contract Price.

 ITT 53.2           The name and address of the office where complaints to the Procuring Entity under Rule
                    57 (PPR 2008) are to be submitted is:
                    Inspector General of Registration
                     Registration Directorate
                    14, Abdul Goni Road . Dhaka-1000




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Section 3. General Conditions of Contract



                          Section 3. General Conditions of Contract
1.    Definitions          1.1   The following words and expressions shall have the meaning hereby assigned to them.
                                 Boldface type is used to identify the defined term:
                                 (a) Completion Schedule means the fulfilment of the Related Services by the
                                       Supplier in accordance with the terms and conditions set forth in the Contract;
                                 (b) Contract Agreement means the Agreement entered into between the
                                       Purchaser and the Supplier, together with the Contract Documents referred to
                                       therein, including all attachments, appendices, and all documents incorporated
                                       by reference therein;
                                 (c) Contract Documents means the documents listed in the Contract Agreement,
                                       including any amendments thereto;
                                 (d) Contract Price means the price payable to the Supplier as specified in the
                                       Contract Agreement, subject to such additions and adjustments thereto or
                                       deductions therefrom, as may be made pursuant to the Contract;
                                 (e) Day means calendar day;
                                 (f)   Delivery means the transfer of ownership of the Goods from the Supplier to
                                       the Purchaser in accordance with the terms and conditions set forth in the
                                       Contract;
                                 (g) GCC mean the General Conditions of Contract;
                                 (h) Goods means all of the commodities, raw materials, machineries and
                                       equipments, products and/or other materials in solid, liquid or gaseous form
                                       that the Supplier is required to supply to the Purchaser under the Contract, as
                                       specified in the PCC;
                                 (i) Government means the Government of the People‟s Republic of Bangladesh;
                                 (j) Purchaser means the entity purchasing the Goods and Related Services, as
                                       specified in the PCC;
                                 (k) Related Services means the services incidental to the supply of the goods,
                                       such as insurance, installation, training and initial maintenance and other
                                       similar obligations of the Supplier under the Contract;
                                 (l) PCC means the Particular Conditions of Contract;
                                 (m) Subcontractor means any natural person, private or government entity, or a
                                       combination of the above, including its legal successors or permitted assigns,
                                       who has a Contract with the Supplier to carry out a part of the supply in the
                                       Contract, or a part of the Related Services of the Contract;
                                 (n) Supplier means the natural person, private or government entity, or a
                                       combination of the above, whose Tender to perform the Contract has been
                                       accepted by the Purchaser and is named as such in the PCC and the Contract
                                       Agreement, and includes the legal successors or permitted assigns of the
                                       Supplier;
                                 (o) Writing means any hand-written, type-written, or printed communication
                                       including telex, cable and facsimile transmission.
2.    Contract             2.1   Subject to the order of precedence set forth in the GCC Sub-Clause 5.1, all documents
      Documents                  forming the Contract (and all parts thereof) are intended to be correlative,
                                 complementary, and mutually explanatory.
3. Corrupt,                3.1   The Government requires that Purchasers, as well as Suppliers, shall observe the highest
     Fraudulent,                 standard of ethics during the implementation of procurement proceedings and the
     Collusive or                execution of contracts under public funds.
     Coercive Practices




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                      3.2    In pursuance of this requirement, the Purchaser shall:
                              (a) exclude the Supplier from participation in the procurement proceedings
                                    concerned or reject a proposal for award; and
                              (b) declare a Supplier ineligible, either indefinitely or for a stated period of time,
                                    from participation in procurement proceedings under public funds;
                              if it at any time determines that the Supplier has engaged in corrupt, fraudulent,
                              collusive or coercive practices in competing for, or in executing, a contract under
                              public funds.
                      3.3     Should any corrupt, fraudulent, collusive or coercive practice of any kind referred to in
                              GCC Sub-Clause 3.4 hereunder come to the knowledge of the Purchaser, it shall, in the
                              first place, allow the Supplier to provide an explanation and shall, take actions as stated
                              in GCC Sub-Clause 3.2 and GCC Sub-Clause 38.1(c) only when a satisfactory
                              explanation is not received. Such exclusion and the reasons thereof shall be recorded in
                              the record of the procurement proceedings and promptly communicated to the Supplier
                              concerned. Any communications between the Supplier and the Purchaser related to
                              matters of alleged corrupt, fraudulent, collusive or coercive practices shall be in
                              writing.
                      3.4   The Government defines, for the purposes of this provision, the terms set forth below as
                            follows:
                            (a)    “corrupt practice” means offering, giving, or promising to give, directly or
                                   indirectly, to any officer or employee of a Procuring Entity or other
                                   governmental/private authority or individual a gratuity in any form, an
                                   employment or any other thing or service of value, as an inducement with
                                   respect to an act or decision of, or method followed by, a Procuring Entity in
                                   connection with the procurement proceeding;
                            (b)    “fraudulent practice” means a misrepresentation or omission of facts in order
                                   to influence a procurement proceeding or the execution of a contract to the
                                   detriment of the Purchaser;
                            (c)    “collusive practice” means a scheme or arrangement among two or more
                                   Tenderers with or without the knowledge of the Purchaser (prior to or after
                                   Tender submission) designed to establish Tender prices at artificial, non-
                                   competitive levels and to deprive the Purchaser of the benefits of free, open
                                   and genuine competition; and
                            (d)    “coercive practice” means harming or threatening to harm, directly or
                                   indirectly, persons or their property to influence the procurement proceedings
                                   or affect the execution of a contract.
                      3.5   The Supplier shall permit the Purchaser to inspect the Supplier‟s accounts and records
                            and other documents relating to the submission of the Tender and Contract performance.

4.   Interpretation   4.1   In interpreting the GCC, singular also means plural, male also means female or neuter,
                            and the other way around. Headings in the GCC shall not be deemed part thereof or be
                            taken into consideration in the interpretation or construction thereof or of the Contract.
                            Words have their normal meaning under the English language unless specifically
                            defined.
                      4.2   Entire Agreement
                            (a) The Contract constitutes the entire agreement between the Purchaser and the
                                Supplier and supersedes all communications, negotiations and agreements
                                (whether written or oral) of parties with respect thereto made prior to the date of
                                Contract Agreement.
                      4.1   Amendment
                            (a) No amendment or other variation of the Contract shall be valid unless it is in
                                writing, is dated, expressly refers to the Contract, and is signed by a duly authorised
                                representative of each party thereto.



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                      4.4   Non-waiver
                            (a)     Subject to GCC Sub-Clause 4.4(b), no relaxation, forbearance, delay, or
                                    indulgence by either party in enforcing any of the terms and conditions of the
                                    Contract or the granting of time by either party to the other shall prejudice,
                                    affect, or restrict the rights of that party under the Contract, neither shall any
                                    waiver by either party of any breach of Contract operate as waiver of any
                                    subsequent or continuing breach of Contract.
                            (b)     Any waiver of a party‟s rights, powers, or remedies under the Contract must
                                    be in writing, dated, and signed by an authorised representative of the party
                                    granting such waiver, and must specify the right and the extent to which it is
                                    being waived.
                      4.5   Severability
                            (a) If any provision or condition of the Contract is prohibited or rendered invalid or
                                unenforceable, such prohibition, invalidity or unenforceability shall not affect the
                                validity or enforceability of any other provisions and conditions of the Contract.
                      4.6   Partial Supply
                            (a) If partial supply is specified in the Schedule of Requirements, references in the GCC
                                to the Supply and to the Delivery Date shall apply to any portion of the Supply
                                (other than references to the Completion Date for the whole of the Supply).
5.   Documents        5.1    The following documents forming the Contract shall be interpreted in the following
     Forming the             order of priority:
     Contract and             (a)        the signed Contract Agreement;
     Priority of
                              (b)        the letter of Notification of Award
     Documents
                              (c)        the completed Tender Submission Sheet as submitted by the Tenderer;
                              (d)        the completed Price Schedules as submitted by the Tenderer;
                              (e)        the Particular Conditions of Contract;
                              (f)        the General Conditions of Contract;
                              (g)        the Schedule of Requirements;
                              (h)        the Technical Specifications;
                              (i)        the Drawings, and;
                              (j)        any other document listed in the PCC as forming part of the Contract.
6.   Eligibility      6.1   The Supplier and its Sub-Contractors shall have the nationality of a country other than
                            those specified in the PCC.
                      6.2   All Goods and Related Services supplied under the Contract shall have their origin in the
                            countries except those specified in the PCC.
7.   Governing        7.1   The Contract as well as all correspondence and documents relating to the Contract
     Language               exchanged by the Supplier and the Purchaser shall be written in English, unless otherwise
                            stated in the PCC. Supporting documents and printed literature that are part of the
                            Contract may be in another language provided they are accompanied by an accurate
                            translation of the relevant passages in English, in which case, for purposes of
                            interpretation of the Contract, this translation shall govern.
                      7.2    The Supplier shall bear all costs of translation to the governing language and all risks of
                             the accuracy of such translation.
8.   Governing        8.1    The Contract shall be governed by and interpreted in accordance with the laws of the
     Law                     People‟s Republic of Bangladesh.

9.   Gratuities /     9.1    No fees, gratuities, rebates, gifts, commissions or other payments, other than those
     Agency fees             shown in the Tender or the contract, shall be given or received in connection with
                             the procurement process or in the contract execution.


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Section 3. General Conditions of Contract



10. Joint Venture,    10.1   If the Supplier is a joint venture, consortium, or association, all of the parties shall be
    Consortium or            jointly and severally liable to the Purchaser for the fulfilment of the provisions of the
    Association              Contract and shall designate one party to act as a leader with authority to bind the joint
    (JVCA)                   venture, consortium, or association. The composition or the constitution of the joint
                             venture, consortium, or association shall not be altered without the prior consent of the
                             Purchaser.
11. Confidential      11.1   The Purchaser and the Supplier shall keep confidential and shall not, without the
    Information              written consent of the other party hereto, divulge to any third party any documents,
                             data, or other information furnished directly or indirectly by the other party hereto in
                             connection with the Contract, whether such information has been furnished prior to,
                             during or following completion or termination of the Contract. Notwithstanding the
                             above, the Supplier may furnish to its Subcontractor such documents, data, and other
                             information it receives from the Purchaser to the extent required for the Subcontractor
                             to perform its work under the Contract, in which event the Supplier shall obtain from
                             such Subcontractor an undertaking of confidentiality similar to that imposed on the
                             Supplier under GCC Clause 11.
                      11.2   The Purchaser shall not use such documents, data, and other information received from
                             the Supplier for any purposes unrelated to the contract. Similarly, the Supplier shall not
                             use such documents, data, and other information received from the Purchaser for any
                             purpose other than the design, procurement, or other work and services required for the
                             performance of the Contract.
                      11.3   The obligation of a party under GCC Sub-Clauses 11.1 and 11.2 above, however, shall
                             not apply to information that:
                             (a) the Purchaser or Supplier needs to share with institutions participating in the
                                 financing of the Contract;
                             (b) now or hereafter enters the public domain through no fault of that party;
                             (c) can be proven to have been possessed by that party at the time of disclosure and
                                 which was not previously obtained, directly or indirectly, from the other party;
                                 or
                             (d) otherwise lawfully becomes available to that party from a third party that has
                                 no obligation of confidentiality.
                      11.4   The above provisions of GCC Clause 11 shall not in any way modify any undertaking
                             of confidentiality given by either of the parties hereto prior to the date of the Contract in
                             respect of the Supply or any part thereof.
                      11.5   The provisions of GCC Clause 11 shall survive completion or termination, for
                             whatever reason, of the Contract.
12. Communications    12.1   Communications between Parties (notice, request or consent required or permitted
    and Notices              to be given or made by one party to the other) pursuant to the Contract shall be in
                             writing to the addresses specified in the PCC.
                      12.2   A notice shall be effective when delivered or on the notice‟s effective date,
                             whichever is later.
                      12.3   A Party may change its address for notice hereunder by giving the other Party
                             notice of such change to the address.
13. Patent and        13.1   The Supplier shall, subject to the Purchaser‟s compliance with GCC Sub-Clause 13.2,
    Intellectual             indemnify and hold harmless the Purchaser and its employees and officers from and
    Property                 against any and all suits, actions or administrative proceedings, claims, demands,
    Rights                   losses, damages, costs, and expenses of any nature, including attorney‟s fees and
                             expenses, which the Purchaser may suffer as a result of any infringement or alleged
                             infringement of any patent, utility model, registered design, trademark, copyright, or
                             other intellectual property rights registered or otherwise existing at the date of the
                             Contract by reason of:
                             (a) the installation of the Goods by the Supplier or the use of the Goods in


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Section 3. General Conditions of Contract


                                 Bangladesh; and
                             (b) the sale in any country of the products produced by the Goods.
                             Such indemnity shall not cover any use of the Goods or any part thereof other than
                             for the purpose indicated by or to be reasonably inferred from the Contract, neither
                             any infringement resulting from the use of the Goods or any part thereof, or any
                             products produced thereby in association or combination with any other equipment,
                             plant, or materials not supplied by the Supplier, pursuant to the Contract.
                      13.2    If any proceedings are brought or any claim is made against the Purchaser arising out of
                              the matters referred to in GCC Sub-Clause 13.1, the Purchaser shall promptly give the
                              Supplier a notice thereof, and the Supplier may at its own expense and in the
                              Purchaser‟s name conduct such proceedings or claim and any negotiations for the
                              settlement of any such proceedings or claim.
                      13.3    If the Supplier fails to notify the Purchaser within twenty-eight (28) days after receipt
                              of such notice that it intends to conduct any such proceedings or claim, then the
                              Purchaser shall be free to conduct the same on its own behalf.
                      13.4    The Purchaser shall, at the Supplier‟s request, afford all available assistance to the
                              Supplier in conducting such proceedings or claim, and shall be reimbursed by the
                              Supplier for all reasonable expenses incurred in so doing.
                      13.5    The Purchaser shall indemnify and hold harmless the Supplier and its employees,
                              officers, and Subcontractors from and against any and all suits, actions or
                              administrative proceedings, claims, demands, losses, damages, costs, and expenses of
                              any nature, including attorney‟s fees and expenses, which the Supplier may suffer as a
                              result of any infringement or alleged infringement of any patent, utility model,
                              registered design, trademark, copyright, or other intellectual property right registered or
                              otherwise existing at the date of the Contract arising out of or in connection with any
                              design, data, drawing, specification, or other documents or materials provided or
                              designed by or on behalf of the Purchaser.
14. Copyright         14.1    The copyright in all drawings, documents, and other materials containing data and
                              information furnished to the Purchaser by the Supplier herein shall remain vested in the
                              Supplier, or, if they are furnished to the Purchaser directly or through the Supplier by
                              any third party, including suppliers of materials, the copyright in such materials shall
                              remain vested in such third party.
15. Assignment        15.1    The Supplier shall not assign, in whole or in part, its obligations under the Contract,
                              except with the Purchaser‟s prior written consent.
16. Sub               16.1    The Supplier shall obtain approval of the Purchaser in writing of all Sub-Contracts to
    contracting               be awarded under the Contract if not already specified in the Tender. Sub-Contracting
                              shall in no event relieve the Supplier from any of its obligations, duties, responsibilities,
                              or liability under the Contract.
                      16.2    Subcontractors shall comply with the provisions of GCC Clause 3.
17. Supplier‟s        17.1    The Supplier shall supply all the Goods and Related Services specified in the Scope of
    Responsib                 Supply in conformity in all respects with the provisions of the Contract Agreement.
    ilities
18. Purchaser‟s       18.1    The Purchaser shall pay the Supplier, in consideration of the provision of Goods and
    Responsib                 Related Services, the Contract Price or such other sum as may become payable under
    ilities                   the provisions of the Contract at the times and manner prescribed in the Contract
                              Agreement.
19. Scope of          19.1    The Goods and Related Services to be supplied shall be as specified in Section 6:
    Supply                    Schedule of Requirements.
                      19.2    Unless otherwise stipulated in the Contract, the Supply shall include all such items not
                              specifically mentioned in the Contract but that can be reasonably inferred from the
                              Contract as being required for attaining delivery of the Goods and completion schedule
                              of the Related Services as if such items were expressly mentioned in the Contract.



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Section 3. General Conditions of Contract



20. Change Orders     20.1    The Purchaser may at any time order the Supplier through a notice in accordance with
    and Contract              GCC Clause 12, to make changes within the general scope of the Contract in any one
    Amendments                or more of the following:
                             (a)    drawings, designs, or specifications, where Goods to be furnished under the
                                    Contract are to be specifically manufactured for the Purchaser provided such
                                    changes do not materially affect the scope of supply;
                             (b)    the method of shipment or packing;
                             (c)    the place of delivery; and
                             (d)    the Related Services to be provided by the Supplier.
                      20.2    If any such change causes an increase or decrease in the cost of, or the time required
                              for, the Supplier‟s performance of any provisions under the Contract, an equitable
                              adjustment shall be made in the Contract Price or in the Delivery/Completion Schedule,
                              or both, and the Contract shall accordingly be amended. Any claims by the Supplier
                              for adjustment under this Clause must be submitted within twenty-eight (28) days from
                              the date of the Supplier‟s receipt of the Purchaser‟s Change Order.

                      20.3    Prices to be charged by the Supplier for any Related Services that might be needed, but
                              which were not included in the Contract, shall be agreed upon in advance by the parties
                              and shall not exceed the prevailing rates charged to other parties by the Supplier for
                              similar services.

21. Packing and       21.1    The Supplier shall provide such packing of the goods as is required to prevent their
    Documents                 damage or deterioration during transit to their final destination, as indicated in the
                              Contract. During transit, the packing shall be sufficient to withstand, without
                              limitation, rough handling and exposure to extreme temperatures, salt and precipitation,
                              and open storage. Packing case size and weights shall take into consideration, where
                              appropriate, the remoteness of the goods‟ final destination and the absence of heavy
                              handling facilities at all points in transit.

                      21.2    The packing, marking, and documentation within and outside the packages shall
                              comply strictly with such special requirements as shall be expressly provided for in the
                              Contract, including additional requirements, if any, specified in the PCC, and in any
                              subsequent instructions ordered by the Purchaser

22. Delivery and      22.1    Subject to GCC Sub-Clause 20.1, the Delivery of the Goods and completion of the
    Documents                 Related Services shall be in accordance with the Delivery and Completion Schedule
    and                       specified in the Section 6: Schedule of Requirements.
    Acceptance
                      22.2    The documents to be furnished by the Supplier shall be specified in the PCC, and shall
                              be received by the Purchaser at least one week before arrival of the Goods and, if not
                              received, the Supplier shall be responsible for consequent expenses.
                      22.3    Acceptance by the Purchaser shall be processed not later than fourteen (14) days from
                              receipt of the goods at final destination in the form of an Acceptance Certificate, unless
                              any defects in the supply, any damage during transport or any failure to meet the
                              required performance criteria of the supply are identified and reported to the Supplier in
                              accordance with GCC Clause 31 and GCC Clause 32. In such cases the Acceptance
                              Certificate will be issued only for those parts of the contract supplies which are
                              accepted. The Acceptance Certificate for the remaining supplies will only be issued
                              after the Supplier has remedied the defects and/or any non-conformity in accordance
                              with GCC Clause 31 and GCC Clause 32.
23. Contract Price    23.1 The Contract Price shall be as specified in the Contract Agreement subject to any
                           additions and adjustments thereto, or deductions therefrom, as may be made pursuant to
                           the Contract.




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Section 3. General Conditions of Contract



                      23.2 Prices charged by the Supplier for the Goods delivered and the Related Services
                           performed under the Contract shall not vary from the prices quoted by the Supplier in its
                           Tender, with the exception of any price adjustments authorised in the PCC.

24. Transportation    24.1 Where the Supplier is required under the Contract to transport the Goods to a
                           specified place of destination within Bangladesh, defined as the Site, transport to
                           such place of destination including insurance, and other incidental costs, and
                           temporary storage, if any, as shall be specified in the Contract, shall be arranged by
                           the Supplier, and related costs shall be included in the Contract Price.
25. Spare Parts       25.1 As specified in the PCC, the Supplier may be required to provide any or all of the
                           following materials, notifications, and information pertaining to spare parts
                           manufactured or distributed by the Supplier:
                              (a)    such spare parts as the Purchaser may elect to purchase from the Supplier,
                                     provided that this election shall not relieve the Supplier of any warranty
                                     obligations under the Contract; and
                              (b)    in the event of termination of production of the spare parts :
                                     (i)       advance notification to the Purchaser of the pending termination, in
                                               sufficient time to permit the Purchaser to procure needed
                                               requirements; and
                                     (ii)      following such termination, furnishing at no cost to the Purchaser, the
                                               blueprints, drawings, and specifications for the spare parts, if
                                               requested.
                      25.2 The Supplier shall carry sufficient inventories to assure ex-stock supply of spare
                           parts as promptly as possible, but in any case within the time specified in the PCC
                           for placing the order and opening the letter of credit.
26. Terms of          26.1 The Contract Price, including any Advance Payments, if applicable, shall be paid in the
    Payment                manner as specified in the PCC.
                      26.2 The Supplier‟s request for payment shall be made to the Purchaser in writing,
                           accompanied by an invoice describing, as appropriate, the Goods delivered and Related
                           Services performed, and accompanied by the documents pursuant to GCC Clause 22 and
                           upon fulfilment of any other obligations stipulated in the Contract.
                      26.3 Payments shall be made promptly by the Purchaser, no later than the dates indicated in
                           the PCC.
                      26.4 In the event that the Purchaser fails to pay the Supplier any payment by its respective due
                           date or within the period set forth in the PCC, the Purchaser shall pay to the Supplier
                           interest on the amount of such delayed payment at the rate shown in the PCC, for the
                           period of delay until payment has been made in full, whether before or after judgment or
                           arbitration award.
27. Insurance         27.1 Unless otherwise specified in the PCC, the Goods supplied under the Contract shall be
                           fully insured against loss or damage incidental to manufacture or acquisition,
                           transportation, storage, and delivery, in the manner specified in the PCC.
28. Taxes and         28.1 The Supplier shall be entirely responsible for all taxes, duties, license fees, and other such
    Duties                 levies imposed or incurred until delivery of the contracted goods to the Purchaser.

29. Performance       29.1     In the case of Goods having warranty obligations the Performance Security shall be
    Security                   reduced to the amount specified in the PCC after delivery and acceptance of the Goods
                               to cover the Supplier‟s warranty obligations in accordance with GCC Sub-Clause 32.3.
                      29.2     The Purchaser shall notify the Supplier of any claim made against the Bank issuing the
                               Performance Security.
                       29.3. The Purchaser may claim against the security if any of the following events occurs
                             for fourteen (14) days or more;
                               (a)          the Supplier is in breach of the Contract and the Purchaser has notified


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Section 3. General Conditions of Contract


                                        him that he is; and
                               (b)      the Supplier has not paid an amount due to the Purchaser.
                      29.3 In the event the Supplier is liable to pay compensation under the Contract amounting to
                           the full value of the Performance Security or more, the Purchaser may forfeit the full
                           amount of the Performance Security.
                      29.4 If there is no reason to call the Performance Security, it shall be discharged by the
                           Purchaser and returned to the Supplier not later than twenty-eight (28) days following the
                           date of completion of the Supplier‟s performance obligations under the Contract,
                           including any warranty obligations.
30. Specifications    30.1 The Supplier shall ensure that the Goods and Related Services comply with technical
    and Standards            specifications and other provisions of the Contract.
                      30.2 The Supplier shall be entitled to disclaim responsibility for any design, data,
                             drawing, specification or other document, or any modification thereof provided or
                             designed by or on behalf of the Purchaser, by giving a notice of such disclaimer to
                             the Purchaser.
                      30.3 The Goods and Related Services supplied under this Contract shall conform to the
                             standards mentioned in Section 7: Technical Specifications and, when no applicable
                             standard is mentioned, the standard shall be equivalent or superior to the official
                             standards whose application is appropriate to the goods‟ country of origin.
                      30.4 Wherever references are made in the Contract to codes and standards in accordance
                             with which it shall be executed, the edition or the revised version of such codes and
                             standards shall be those specified in the Schedule of Requirements. During Contract
                             execution, any changes in any such codes and standards shall be applied only after
                             approval by the Purchaser and shall be treated in accordance with GCC Clause 20.
31. Inspections       31.1 The Supplier shall at its own expense and at no cost to the Purchaser carry out all such
    and Tests              tests and/or inspections of the Goods and Related Services as are specified in the
                           Schedule of Requirements.
                      31.2    The inspections and tests may be conducted on the premises of the Supplier or its
                              Subcontractor and/or at the Goods‟ final destination, or in another place in Bangladesh
                              as specified in the PCC. Subject to GCC Sub-Clause 31.3, if conducted on the premises
                              of the Supplier or its Subcontractor, all reasonable facilities and assistance, including
                              access to drawings and production data, shall be furnished to the inspectors at no charge
                              to the Purchaser.
                      31.3    The Purchaser or its designated representative shall be entitled to attend the tests and/or
                              inspections referred to in GCC Sub-Clause 31.2, provided that the Purchaser bear all of
                              its own costs and expenses incurred in connection with such attendance including, but
                              not limited to, all travelling and board and lodging expenses.
                      31.4    Whenever the Supplier is ready to carry out any such test and inspection, it shall give a
                              reasonable advance notice, including the place and time, to the Purchaser. The Supplier
                              shall obtain from any relevant third party or manufacturer any necessary permission or
                              consent to enable the Purchaser or its designated representative to attend the test and/or
                              inspection.
                      31.5    The Purchaser may require the Supplier to carry out any test and/or inspection not
                              required by the Contract, but deemed necessary to verify that the characteristics and
                              performance of the Goods comply with the technical specifications, codes and
                              standards under the Contract, provided that the Supplier‟s reasonable costs and
                              expenses incurred in the carrying out of such test and/or inspection shall be added to the
                              Contract Price. Further, if such test and/or inspection impede the progress of
                              manufacturing and/or the Supplier‟s performance of its other obligations under the
                              Contract, due allowance will be made in respect of the Delivery Dates and Completion
                              Dates and the other obligations so affected.
                      31.6    The Supplier shall provide the Purchaser with a report of the results of any such test
                              and/or inspection.



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                      31.7    The Purchaser may reject any Goods or any part thereof that fail to pass any test and/or
                              inspection or do not conform to the specifications. The Supplier shall either rectify or
                              replace such rejected Goods or parts thereof or make alterations necessary to meet the
                              specifications at no cost to the Purchaser, and shall repeat the test and/or inspection, at
                              no cost to the Purchaser, upon giving a notice pursuant to GCC Sub-Clause 31.4.
                      31.8    The Supplier agrees that neither the execution of a test and/or inspection of the Goods
                              or any part thereof, nor the attendance by the Purchaser or its representative, nor the
                              issue of any report pursuant to GCC Sub-Clause 31.6, shall release the Supplier from
                              any warranties or other obligations under the Contract.
32. Warranty          32.1    The Supplier warrants that all the Goods are new, unused, and of the most recent or
                              current models, and that they incorporate all recent improvements in design and
                              materials, unless provided otherwise in the Contract.
                      32.2    Subject to GCC Sub-Clause 30.1, the Supplier further warrants that the Goods shall be
                              free from defects arising from any act or omission of the Supplier or arising from
                              design, materials, and workmanship, under normal use in the conditions prevailing in
                              Bangladesh.
                      32.3    Unless otherwise specified in the PCC, the warranty shall remain valid for twelve (12)
                              months after the Goods, or any portion thereof as the case may be, have been delivered
                              to and accepted at the final destination indicated in the PCC.
                      32.4    The Purchaser shall give notice to the Supplier stating the nature of any such defects
                              together with all available evidence thereof, promptly following the discovery thereof.
                              The Purchaser shall afford all reasonable opportunity for the Supplier to inspect such
                              defects.
                      32.5    Upon receipt of such notice, the Supplier shall, within the period specified in the PCC,
                              expeditiously repair or replace the defective Goods or parts thereof, at no cost to the
                              Purchaser.
                      32.6    If having been notified, the Supplier fails to remedy the defect within the period
                              specified in the PCC; the Purchaser may proceed to take within a reasonable period
                              such remedial action as may be necessary, at the Supplier‟s risk and expense and
                              without prejudice to any other rights which the Purchaser may have against the
                              Supplier under the Contract.
33. Extensions of     33.1    If at any time during performance of the Contract, the Supplier or its subcontractors
    Time                      should encounter conditions impeding timely delivery of the Goods or completion of
                              Related Services pursuant to GCC Clause 22, the Supplier shall promptly notify the
                              Purchaser in writing of the delay, its likely duration, and its cause. As soon as
                              practicable after receipt of the Supplier‟s notice, the Purchaser shall evaluate the
                              situation and may at its discretion extend the Supplier‟s time for performance, in which
                              case the extension shall be ratified by the Parties by amendment of the Contract.
                      33.2    Except in the case of Force Majeure, as provided under GCC Clause 37, a delay by the
                              Supplier in the performance of its Delivery and Completion obligations shall render the
                              Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 34,
                              unless an extension of time is agreed upon, pursuant to GCC Sub-Clause 33.1.
34. Liquidated        34.1    Except as provided under GCC Clause 37, if the Supplier fails to deliver any or all of
    Damages                   the Goods or perform the Related Services within the period specified in the Contract,
                              the Purchaser may, without prejudice to all its other remedies under the Contract,
                              deduct from the Contract Price, as liquidated damages, a sum equivalent to the
                              percentage specified in the PCC of the Contract Price of the delayed Goods and/or
                              Related Services for each week or part thereof of delay until actual delivery or
                              performance, up to a maximum deduction of the percentage specified in those PCC.
                              Once the maximum is reached, the Purchaser may terminate the Contract pursuant to
                              GCC Clause 38.
35. Limitation of     35.1    Except in cases of criminal negligence or wilful misconduct ,
    Liability                (a)   the Supplier shall not be liable to the Purchaser, whether in contract, tort, or



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Section 3. General Conditions of Contract


                                   otherwise, for any indirect or consequential loss or damage, loss of use, loss of
                                   production, or loss of profits or interest costs, provided that this exclusion shall
                                   not apply to any obligation of the Supplier to pay liquidated damages to the
                                   Purchaser and
                             (b)   the aggregate liability of the Supplier to the Purchaser, whether under the
                                   Contract, in tort or otherwise, shall not exceed the total Contract Price,
                                   provided that this limitation shall not apply to the cost of repairing or replacing
                                   defective equipment, or to any obligation of the supplier to indemnify the
                                   Purchaser with respect to patent infringement.
36. Change in         36.1   Unless otherwise specified in the Contract, if after the date twenty eight (28) days
    Laws and                 before the submission of Tenders for the Contract, any law, regulation, ordinance, order
    Regulations              or bylaw having the force of law is enacted, promulgated, abrogated, or changed in
                             Bangladesh (which shall be deemed to include any change in interpretation or
                             application by the competent authorities) that subsequently affects the Delivery Date
                             and/or the Contract Price, then such Delivery Date and/or Contract Price shall be
                             correspondingly increased or decreased, to the extent that the Supplier has thereby been
                             affected in the performance of any of its obligations under the Contract.
                             Notwithstanding the foregoing, such additional or reduced cost shall not be separately
                             paid or credited if the same has already been accounted for in the price adjustment
                             provisions where applicable, in accordance with GCC Clause 23.
37. Force Majeure     37.1   The Supplier shall not be liable for forfeiture of its Performance Security, liquidated
                             damages, or termination for default if and to the extent that its delay in performance or
                             other failure to perform its obligations under the Contract is the result of an event of
                             Force Majeure.
                      37.2   For purposes of this Clause, “Force Majeure” means an event or situation beyond the
                             control of the Supplier that is not foreseeable, is unavoidable, and its origin is not due to
                             negligence or lack of care on the part of the Supplier. Such events may include, but not
                             be limited to, acts of the Purchaser in its sovereign capacity, wars or revolutions, fires,
                             floods, epidemics, quarantine restrictions, and freight embargoes.
                      37.3   If a Force Majeure situation arises, the Supplier shall promptly notify the Purchaser in
                             writing of such condition and the cause thereof. Unless otherwise directed by the
                             Purchaser in writing, the Supplier shall continue to perform its obligations under the
                             Contract as far as is reasonably practical, and shall seek all reasonable alternative
                             means for performance not prevented by the Force Majeure event.


38. Termination       38.1   Termination for Default
                             (a)    The Purchaser, without prejudice to any other remedy for breach of Contract,
                                    by giving twenty eight (28) days written notice of default, may terminate the
                                    Contract in whole or in part:
                                     (i)    if the Supplier fails to deliver any or all of the Goods within the
                                            period specified in the Contract, or within any extension thereof
                                            granted by the Purchaser pursuant to GCC Clause 33; or
                                     (ii)   if the Supplier fails to perform any other obligation under the
                                            Contract.
                             (b)    In the event the Purchaser terminates the Contract in whole or in part,
                                    pursuant to GCC Sub-Clause 38.1(a), the Purchaser may procure, upon such
                                    terms and in such manner as it deems appropriate, Goods or Related Services
                                    similar to those undelivered or not performed, and the Supplier shall be
                                    liable to the Purchaser for any additional costs for such similar Goods or
                                    Related Services. However, the Supplier shall continue performance of the
                                    Contract to the extent not terminated.
                             (c)    If the Supplier, in the judgment of the Purchaser has engaged in corrupt,
                                    fraudulent, collusive or coercive practices, as defined in GCC Clause 3, in
                                    competing for or in executing the Contract.



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Section 3. General Conditions of Contract



                      38.2     Termination for Insolvency.
                                (a) The Purchaser and the Supplier‟s may at any time terminate the Contract
                                    by giving notice to the other party if either of the party becomes bankrupt
                                    or otherwise insolvent. In such event, termination will be without
                                    compensation to any party, provided that such termination will not
                                    prejudice or affect any right of action or remedy that has accrued or will
                                    accrue thereafter to the other party.
                      38.3     Termination for Convenience.
                                (a) The Purchaser, by notice sent to the Supplier, may terminate the Contract,
                                    in whole or in part, at any time for its convenience. The notice of
                                    termination shall specify that termination is for the Purchaser‟s
                                    convenience, the extent to which performance of the Supplier under the
                                    Contract is terminated, and the date upon which such termination becomes
                                    effective.
                                (b) The Goods that are complete and ready for shipment within twenty-eight
                                    (28) days after the Supplier‟s receipt of notice of termination shall be
                                    accepted by the Purchaser at the Contract terms and prices. For the
                                    remaining Goods, the Purchaser may elect:
                                       (i)     to have any portion completed and delivered at the Contract terms
                                               and prices; and/or
                                       (ii)    to cancel the remainder and pay to the Supplier an agreed amount for
                                               partially completed Goods and Related Services and for materials and
                                               parts previously procured by the Supplier.
39. Settlement of     39.1    Amicable Settlement
    Disputes                  (a)     The Purchaser and the Supplier shall use their best efforts to settle amicably
                                      all disputes arising out of or in connection with this Contract or its
                                      interpretation.
                     39.2    Arbitration
                                (a)      If the Parties are unable to reach a settlement as per GCC Clause 39.1(a)
                                         within twenty-eight (28) days of the first written correspondence on the
                                         matter of disagreement, then either Party may give notice to the other
                                         party of its intention to commence arbitration in accordance with GCC
                                         Sub-Clause 39.2(b).
                                (b)      The arbitration shall be conducted in accordance with the Arbitration Act
                                         (Act No 1 of 2001) of Bangladesh as at present in force and in the place
                                         shown in the PCC.




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Section 4. Particular Conditions of Contract




                Section 4. Particular Conditions of Contract
 Instructions for completing the Particular Conditions of Contract are provided, as needed, in the
 notes in italics mentioned for the relevant GCC clauses.

                   Amendments of, and Supplements to, Clauses in the General Conditions of
 GCC Clause        Contract

 GCC 1.1 (h)       The nature of the goods to be supplied are: Computer, Printer and UPS

 GCC 1.1(j)        The Purchaser is:
                   Inspector General of Registration
                    Registration Directorate,14, Abdul Goni Road, Dhaka-1000.

                      represented by
                   Inspector of Registration offices
                   Western Circle. Registration Directorate, Dhaka
 GCC 1.1(n)        The Supplier is [Name, address, and name of authorized representative].

 GCC 5.1(j)        The following documents shall also be part of the Contract: None.

 GCC 6.1           Suppliers and Sub-contractors from the following countries are not eligible:
                              Israel.
 GCC 6.2           Goods and Related Services from the following countries are not eligible:
                              Israel.
 GCC 7.1           Routine correspondence between the parties may be in Bangla.

 GCC 12.1          For notices, the Purchaser‟s contact details shall be:
                      Attention: Inspector of Registration offices
                      Western Circle. Registration Directorate, Dhaka

                   Telephone: 9551217
                   Facsimile number: Fax- 9557814



                   For notices, the Supplier‟s contact details shall be:

                   Attention:
                   Address:
                   Telephone:
                   Facsimile number:
                   Electronic mail address:

 GCC 21.2          A complete packing list indicating the content of each package shall be enclosed in a
                   water proof envelope and shall be secured to the outside of the packing case. In addition,
                   each package shall be marked with indelible ink/paint in bold letters, as follows:
                   a.   Contract Number




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Section 4. Particular Conditions of Contract



                   b.     Name and address of Purchaser
                   c.     Country of origin
                   d.     Gross weight
                   e.     Net weight
                   f.     Package number of total number of packages
                   g.     Brief description of the content
                   Upright markings, where appropriate, shall be placed on all four vertical sides of the
                   package.
                   All materials used for packing shall be environmentally neutral.
                   Additional marking and documentation within and outside the packages shall be: None
 GCC 22.2          The documents to be provided are as follows:
                        (a)    3 (three) copies of Supplier‟s invoice showing goods‟ description, quantity, unit
                               price, total amount;
                        (b)    3 (three) copies of the packing list identifying the contents of each package;
                        (c)    manufacturer‟s/ supplier‟s warranty certificate;
                        (d)    inspection / test certificate issued by the nominated inspection agency (or
                               Purchaser) and/ or the supplier‟s factory inspection report;
                        (e)    certificate of origin.

 GCC 23.2          The prices charged for the Goods delivered and the Related Services to be performed
                   shall be fixed for the duration of the contract.
 GCC 25.1          Additional spare parts as and when required.

 GCC 25.2          Within two (2) weeks of placing the order.

 GCC 26.1          The method and conditions of payment to be made to the Supplier under this Contract
                   shall be as follows:
                   1) The payments shall be made through CAO of the Ministry of the Purchaser

                   2) Payments shall be made in Bangladesh Taka in the following manner :
                         (a)    Advance Payment:             “Not Applicable”.
                         (b) On Delivery and Acceptance: Hundred (100) % (percent) of the Contract Price
                         of the Goods delivered shall be paid upon submission of documents specified in
                         GCC Clause 22.2 within twenty eight (28) days of submission of a claim supported
                         by the Acceptance Certificate issued by the Purchaser.
 GCC 26.4          The payment-delay period after which the Purchaser shall pay interest to the supplier
                   shall be 126(one hundred twenty six) days.
                   The interest rate that shall be applied is 13 (thirteen) % percent

 GCC 27.1          “All risks” insurance, including “war risks, riots, and/or strikes” shall be acquired for
                   110% of the delivered cost of the goods on “Warehouse to Warehouse” basis.

 GCC 29.1          The Performance Security shall be reduced to 5[five] % percent of the Contract Price.

 GCC 31.2          The Inspections and tests shall be conducted at:




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Section 4. Particular Conditions of Contract


                            Local Government Division,
                            Ministry of Local Government, Rural Development & Cooperatives
                            Bangladesh Secretariat, Dhaka
                       The Purchaser‟s right to inspect, test and where appropriate reject the Goods after
                       delivery, shall in no way be limited or waived by the reason of Goods having
                       previously been inspected, tested or passed by the Purchaser or its representative
                       prior the Goods shipment.
 GCC 32.3          The period of validity of the Warranty shall be: Minimum 1(one) year. For purposes of
                   the Warranty, the place of final destination shall be:
                                     55 Districts As per list.



 GCC 32.5          The period for repair or replacement shall be: 4 (four) weeks.

 GCC 34.1          The liquidated damage shall be one half of one percent (0.5%) of the Contract value per
                   week or part thereof.

                   The maximum amount of liquidated damages shall be: Ten (10%) of the Contract value.

 GCC 39.3(b)       Arbitration shall take place in: Dhaka.




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Section 5.Tender and Contract Forms




                    Section 5. Tender and Contract Forms


 Form           Title

                Tender Forms

 G–1            Tender Submission Sheet

 G–2            Price Schedule

 G–3            Specifications Submission Sheet

 G–4            Tenderer Information Sheet

 G–5            Manufacturer‟s Authorisation Letter

 G–6            Bank Guarantee for Tender Security

                Contract Forms

 G–7            Notification of Award

 G–8            Contract Agreement

 G–9            Bank Guarantee for Performance Security

 G – 10         Bank Guarantee for Advance Payment –Not Applicable

Forms G1 to G6 comprise part of the Tender and should be completed as stated in ITT Clause 17.

Forms G7 to G10 comprise part of the Contract as stated in GCC Clause 5.




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Section 5.Tender and Contract Forms


                             Tender Submission Sheet (Form G – 1)
 Invitation for Tender No:        Memo No. LGD/Internet-01/08/74                     Date     12.10.2008
 Tender Package No:               N/A
 To: Inspector General of Registration
 Registration Directorate,14, Abdul Goni Road, Dhaka-1000.



We, the undersigned, offer to supply in conformity with the Tender Document the following Goods and Related
Services, viz:



The total price of our Tender, excluding price reduction(s) is:
 Tk:

 insert value in figures       (insert value in words)

If applicable under Instruction to Tenderers (ITT) Sub-Clause 20.3, and in case we are awarded a contract for
more than one lot in the package, the discounts / cross- discounts offered, and the methodology for its
application is:



We undertake, if our Tender is accepted, to deliver the goods in [ ] (weeks / months) from the date of [        ], in
accordance with the delivery schedule specified in the Schedule of Requirements.

We are not participating as Tenderers in more than one Tender in this Tendering process. Our Tender shall be
valid for the period stated in the Tender Data Sheet and it shall remain binding upon us and may be accepted at
any time before the expiration of that period. A Tender Security in the amount stated in the Tender Data Sheet is
attached in the form of a [state pay order, bank draft, bank guarantee] valid for a period of 28 days beyond the
Tender validity date.

If our Tender is accepted, we commit to obtaining a Performance Security in the amount stated in the Tender
Data Sheet and valid for a period of 28 days beyond the date of completion of our performance obligations
under the Contract, including any warranty obligations.

We declare that ourselves, and any subcontractors or suppliers for any part of the Contract, have nationalities
from eligible countries and that the goods and related services will also be supplied from eligible countries. We
also declare that the Government of Bangladesh has not declared us, and any subcontractors or suppliers for any
part of the Contract, ineligible on charges of engaging in corrupt, fraudulent, collusive or coercive practices. We
furthermore, pledge not to indulge in such practices in competing for or in executing the Contract, and are
aware of the relevant provisions of the Tender Document (ITT Clause 3).

We understand that your written Notification of Award shall constitute the acceptance of our Tender and shall
become a binding contract between us, until a formal contract is prepared and executed.

We understand that you are not bound to accept the lowest evaluated Tender or any other Tender that you may
receive.

                                                          Signed

                                                          In the capacity of:
                                                          Duly authorised to sign the Tender on behalf of the
                                                          Tenderer.
                                                          Date:




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Section 5.Tender and Contract Forms



                                                                        Price Schedule for Goods (Form G-2A)

 Invitation for Tender No:                 Memo No. 1M-1/2001/Share-3/06/4064                                                                                        Date           31-03-2009
 Tender Package No:                        N/A

A: PRICE OF GOODS AND DELIVERY SCHEDULE
   1                   2                       3            4                  5                     6                        7                   8                  9                      10
 Item              Description                Unit         Qty         Unit price EXW        Total price EXW        Extra Price to deliver   Total price   VAT and other taxes       Point of Delivery
 N .               Of Item                Of Supply     Of units                                                      Goods to final        Delivered     payable if contract is   And Delivery Period
                                                         Required                               (col. 4  5)             destination         (col. 6 +7)        awarded                  Offered
                                                                        Note 1 / Note 2                                    Note 3                                 Note 4


         LOT No. 1: [enter description of Lot as specified in Section 6: Schedule of Requirements]

  1




  2




Note 1: EXW means Ex-works; Ex-factory; Ex-warehouse; Ex-show-room, or off-the-shelf as applicable
Note 2: Unit Price EXW shall include all custom duties and taxes as specified in ITT Sub-Clause 20.5(a)
Note 3: Price for inland transportation shall include insurance and other costs as specified in ITT Sub-Clause 20.5(c)
Note 4: VAT and any other taxes payable in Bangladesh shall be included here as specified in ITT Sub-Clause 20.5(b)




Name of Tenderer _____________________________Signature of Tenderer _________________________ Date _________________________




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Section 5.Tender and Contract Forms



                                                              Price Schedule for Related Services (Form G-2B)
 Invitation for Tender No:                 Memo No. 1M-1/2001/Share-3/06/4064                                                                                    Date           31-03-2009
 Tender Package No:                        N/A

B: PRICE OF RELATED SERVICES AND COMPLETION SCHEDULE
   1                   2                      3            4                 5                     6                        7                8                   9                      10
 Item             Description               Unit of       Qty            Unit price            Total price         Other Related Costs   Total price   VAT and other taxes       Point of Delivery
 N .          Of Related Service           Supply      Of units                                                                                       payable if contract is        And date
                                                        Required                               (col. 4  5)                              (col. 6 +7)        awarded                  Required
                                          Note 1        Note 1                                                            Note 1                              Note 2


         LOT No. 1: [enter description of Lot as specified in Section 6: Schedule of Requirements]

  1




Note 1: The Tenderer will complete these columns as appropriate following the details specified in Section 6: Schedule of Requirements
Note 2: VAT and any other taxes payable in Bangladesh shall be included here as specified in ITT Sub-Clause 20.5(b)




Name of Tenderer _________________________ Signature of Tenderer _____________________________________ Date ________________________




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Section 5.Tender and Contract Forms




                            Specifications Submission Sheet (Form G-3)

 Invitation for Tender No:           Memo No. 1M-1/2001/Share-3/06/4064                        Date        31-03-2009
 Tender Package No:                  N/A


 ItemN           Name of Goods           Country of   Make and Model           Full Technical Specifications and Standards
 o                                       Origin       (when applicable)
                or Related Service

   1                    2                     3                4                                   5

                 FOR GOODS

         Lot No. 1                                                         [the Tenderer should complete columns 3, 4 and 5
                                                                           as required]

   1




   2


         FOR RELATED SERVICES

         Lot No. 1                                                         [the Tenderer should complete columns 3, 4 and 5
                                                                           as required]

   1




Name of Tenderer _____________ Signature of Tenderer ____________________Date ________________________




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Section 5.Tender and Contract Forms



                         Tenderer Information Sheet (Form G-4)
 Invitation for Tender No:          Memo No. 1M-1/2001/Share-3/06/4064              Date      31-03-2009
 Tender Package No:                 N/A

                                         A. Individual Tenderers
1.       General Information of the Tenderer

1.1    Tenderer‟s Legal Name
1.2    Tenderer‟s legal address in Country of Registration

1.3    Tenderer‟s legal status

       Proprietorship
       Partnership (Registered under the Partnership Act,
       1932)

       Limited Liability Concern (Registered under the
       Companies Act, 1913)

       Others

1.4    Tenderer‟s Year of Registration

1.5    Tenderer‟s business status
       Manufacturer
       Local Agent/Distributor of a foreign Manufacturer

       Stockist

       Others

1.6    Tenderer‟s Authorised Representative Information

       Name

       Address
       Telephone / Fax Numbers

       e-mail address

1.7    Tenderer‟s Value Added Tax Registration Number

1.8    Tenderer‟s Income Tax Identification Number(TIN)
                                                             (a)   Articles of Incorporation or Registration of
1.9    Tenderer to attach copies of the following
                                                                   firm.
       documentation:
                                                             (b)   Latest Income Tax Clearance Certificate
                                                             (c)   Latest VAT Registration Certificate
                                                             (d)   Original letter naming the person
                                                                   authorised to sign on behalf of the Tenderer

2.      Qualification Information of the Tenderer

2.1    Number of years of overall experience of the Tenderer in
       the supply of goods and related services:




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Section 5.Tender and Contract Forms



2.2   Number of years of specific experience of the Tenderer in
      the supply of similar goods and related services:

2.3   Total annual monetary value of similar goods supplied in
      each of the last five years.
2.4   Available liquid assets
      [
2.5   Details of production capacity/ equipment available:

2.6   Major supplies of similar type of Goods over the last five
      years. Also list details of supplies of similar type of Goods
      under way or committed, including expected delivery date.

3.     Financial Information of the Tenderer

3.1   Financial reports or balance sheets or profit and loss statements or auditors‟ reports or bank references
      with documents or a combination of these demonstrating availability of liquid assets. List below and
      attach copies.

3.2   Name, address, and telephone, telex, and facsimile numbers of banks that may provide references if
      contacted by the Employer

3.3   Information on litigation in which the Tenderer is, or has been, involved:

      (a) Any case within the past five years

      Cause of Dispute                                                 Result of Settlement and amount involved



      (b) Current cases in this financial year
      Cause of Dispute                                                 Current Position of Case




                                B. Individual Members of a Joint Venture

4.1    Each Member of a JVCA shall provide all the information requested in the form above, Sections 1-3.
4.2    Attach a power of attorney for each of the authorising signatories of the Tender on behalf of the JVCA.

4.3    Attach the Agreement among all Members of the JVCA (and which is legally binding on all Members), which
       shows that:

             (a)    all Members shall be jointly and severally liable for the execution of the Contract in accordance with
                    the Contract terms;

             (b)    one of the Members will be nominated as being in charge, authorised to incur liabilities, and receive
                    instructions for and on behalf of any and all Members of the joint venture; and
             (c)    the execution of the entire Contract, including payment, shall be done exclusively with the Member
                    in charge




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Section 5.Tender and Contract Forms




                  Manufacturer’s Authorisation Letter (Form G - 5)

[This letter of authorisation should be on the letterhead of the manufacturer and should be signed by the person
with the proper authority to sign documents that are binding on the manufacturer]

 Invitation for Tender No:         Memo No. 1M-1/2001/Share-3/06/4064                 Date      31-03-2009
 Tender Package No:                N/A

 To:
 Inspector General of Registration
  Registration Directorate,14, Abdul Goni Road, Dhaka-1000.



WHEREAS, we [name and address of manufacturer] are reputable manufacturers having factories at [list of
places of factories].

THEREFORE, we do hereby:

    1.       Authorise [name of Tenderer] to submit a Tender in response to the Invitation for Tenders
             indicated above, the purpose of which is to provide the following Goods, [description of goods],
             manufactured by us, and to subsequently sign the Contract for the supply of such Goods; and,

    2.       Extend our full guarantee and warranty in accordance with GCC Clause 32, with respect to the
             Goods offered in the Tender.



                                                         Signed

                                                         In the capacity of:

                                                         Duly authorised to sign the authorisation for and on
                                                         behalf of

                                                         [name of manufacturer]

                                                         Date:




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Section 5.Tender and Contract Forms




                  Bank Guarantee for Tender Security (Form G – 6)

                   [this is the format for the Tender Security to be issued by a scheduled bank
                                  of Bangladesh in accordance with ITT Clause 27]

 Invitation for Tender No:         Memo No. 1M-1/2001/Share-3/06/4064                    Date      31-03-2009
 Tender Package No:                N/A

 To:
 Inspector General of Registration
  Registration Directorate,14, Abdul Goni Road, Dhaka-1000.


                                         TENDER GUARANTEE No:

We have been informed that [name of Tenderer] (hereinafter called “the Tenderer”) intends to submit to you its
Tender dated [date of Tender] (hereinafter called “the Tender”) for the supply of [description of goods and
related services] under the above Invitation for Tenders (hereinafter called “the IFT”).

Furthermore, we understand that, according to your conditions Tenders must be supported by a Tender
guarantee.

At the request of the Tenderer, we [name of bank] hereby irrevocably undertake to pay you, without cavil or
argument, any sum or sums not exceeding in total an amount of Tk [insert amount in figures and in words] upon
receipt by us of your first written demand accompanied by a written statement that the Tenderer is in breach of
its obligation(s) under the Tender conditions, because the Tenderer:

    (a) has withdrawn its Tender during the period of Tender validity specified by the Tenderer in the Form of
        Tender; or
    (b) does not accept the correction of errors in accordance with the Instructions to Tenderers of the IFT; or
    (c) having been notified of the acceptance of the Tender by the Purchaser during the period of Tender
        validity, (i) fails or refuses to furnish the Performance Security in accordance with the ITT, or (ii) fails
        or refuses to execute the Contract Form,

This guarantee will expire:

    (a) if the Tenderer is the successful Tenderer, upon our receipt of a copy of the Performance Security and a
        copy of the Contract signed by the Tenderer as issued by you; or
    (b) if the Tenderer is not the successful Tenderer, twenty eight days after the expiration of the Tenderer‟s
        Tender validity period, being [date of expiration of the Tender].

Consequently, we must receive at the above-mentioned office any demand for payment under this guarantee on
or before that date.




 Signature                                                 Signature




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Section 5.Tender and Contract Forms




                              Notification of Award (Form G - 7)

 Contract No:                                             Date:
 To:




This is to notify you that your Tender dated [insert date] for the supply of goods and related services for [name
of project/contract] for the Contract Price of Taka [amount in figures and in words], as corrected and modified
in accordance with the Instructions to Tenderers is hereby accepted by [name of Procuring Entity].

You are requested to proceed with the supply of the goods and the related services and note that this Notification
of Award shall constitute the formation of a Contract, which shall only become binding upon you furnishing a
Performance Security within 14 days, in accordance with ITT Clause 50, and the signing of the Contract
Agreement within 21 days, in accordance with ITT Clause 51.

We attach the Contract Agreement and Contract Documents for you perusal and signature.




                                                          Signed

                                                          Duly authorised to sign for and on behalf of [name
                                                          of Procuring Entity

                                                          Date:




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Section 5.Tender and Contract Forms



                               Contract Agreement (Form G - 8)

THIS AGREEMENT made the [day] day of [month] [year] between [name and address of Purchaser]
(hereinafter called “the Purchaser”) of the one part and [name and address of Supplier] (hereinafter called “the
Supplier”) of the other part:

WHEREAS the Purchaser invited Tenders for certain goods and related services, viz, [brief description of goods
and related services] and has accepted a Tender by the Supplier for the supply of those goods and related
services in the sum of Taka [Contract Price in figures and in words] (hereinafter called “the Contract Price”).

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1.   In this Agreement words and expressions shall have the same meanings as are respectively assigned to
     them in the General Conditions of Contract hereafter referred to.
2.   The documents forming the Contract shall be interpreted in the following order of priority:
        (a)     the signed Form of Contract Agreement;
        (b)     the letter of Notification of Award
        (c)     the completed Tender Submission Sheet as submitted by the Tenderer;
        (d)     the completed Price Schedules as submitted by the Tenderer;
        (e)     the Particular Conditions of Contract;
        (f)     the General Conditions of Contract;
        (g)     the Schedule of Requirements;
        (h)     the Technical Specifications;
        (i)     the Drawings, and;
        (j)     any other document listed in the PCC as forming part of the Contract.

3.       In consideration of the payments to be made by the Purchaser to the Supplier as hereinafter mentioned,
         the Supplier hereby covenants with the Purchaser to provide the goods and related services and to
         remedy any defects therein in conformity in all respects with the provisions of the Contract.

4.       The Purchaser hereby covenants to pay the Supplier in consideration of the provision of the goods and
         related services and the remedying of defects therein, the Contract Price or such other sum as may
         become payable under the provisions of the Contract at the times and in the manner prescribed by the
         Contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in accordance with the
laws of Bangladesh on the day, month and year first written above.

                        For the Purchaser:                            For the Supplier:

 Signature

 Print Name

 Title

 In the presence of
 Name

 Address




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Section 5.Tender and Contract Forms



                Bank Guarantee for Performance Security (Form G – 9)

                [this is the format for the Performance Security to be issued by a scheduled bank
                                 of Bangladesh in accordance with ITT Clause 50]

 Contract No:                                            Date:




 To: Inspector General of Registration
 Registration Directorate,14, Abdul Goni Road, Dhaka-1000.



                                    PERFORMANCE GUARANTEE No:

We have been informed that [name of supplier] (hereinafter called “the Supplier”) has undertaken, pursuant to
Contract No [reference number of Contract] dated [date of Contract] (hereinafter called “the Contract”) for the
supply of [description of goods and related services] under the Contract.

Furthermore, we understand that, according to your conditions, Contracts must be supported by a performance
guarantee.

At the request of the Supplier, we [name of bank] hereby irrevocably undertake to pay you, without cavil or
argument, any sum or sums not exceeding in total an amount of Tk [insert amount in figures and in words] upon
receipt by us of your first written demand accompanied by a written statement that the Supplier is in breach of
its obligation(s) under the Contract conditions, without you needing to prove or show grounds or reasons for
your demand of the sum specified therein.

This guarantee is valid until [date of validity of guarantee], consequently, we must receive at the above-
mentioned office any demand for payment under this guarantee on or before that date.




 Signature                                               Signature




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Section 5.Tender and Contract Forms



                Bank Guarantee for Advance Payment (Form G – 10)

             [this is the format for the Advance Payment Security to be issued by a scheduled bank
                               of Bangladesh in accordance with GCC Clause 26.1]




 Contract No:                                                        Date:


 To:

 [Name and address of Purchaser]


                                ADVANCE PAYMENT GUARANTEE No:

We have been informed that [name of supplier] (hereinafter called “the Supplier”) has undertaken, pursuant to
Contract No [reference number of Contract] dated [date of Contract] (hereinafter called “the Contract”) for the
supply of [description of goods and related services] under the Contract.

Furthermore, we understand that, according to your Particular Conditions of Contract Clause 26.1, Advance
Payment(s) on Contracts must be supported by a bank guarantee.

At the request of the Supplier, we [name of bank] hereby irrevocably undertake to pay you, without cavil or
argument, any sum or sums not exceeding in total an amount of Tk [insert amount in figures and in words] upon
receipt by us of your first written demand accompanied by a written statement that the Supplier is in breach of
its obligation(s) under the Contract conditions, without you needing to prove or show grounds or reasons for
your demand of the sum specified therein.

We further agree that no change, addition or other modification of the terms of the Contract to be performed, or
of any of the Contract documents which may be made between the Purchaser and the Supplier, shall in any way
release us from any liability under this guarantee, and we hereby waive notice of any such change, addition or
modification.

This guarantee is valid until [date of validity of guarantee], consequently, we must receive at the above-
mentioned office any demand for payment under this guarantee on or before that date.




 Signature                                               Signature




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Section 6. Schedule of Requirements




                        Section 6. Schedule of Requirements
Invitation for Tender No:         Memo No. 1M-1/2001/Share-3/06/4064            Date      31-03-2009
Tender Package No:                N/A

                       A.       List of Goods and Delivery Schedule
When completing Form G-2 the Tenderer shall quote prices and contract delivery dates for each item
against each lot and show each Lot separately, as specified in the List of Goods and Delivery Schedule.)

 Item            Description of Item                 Unit of   Quantity       Point of      Date
  No.                                                Supply    of Units       Delivery      Required
                                                               required                     (in weeks)
   1                        2                             3       4               5              6

         Purchaser‟s Option for delivery terms is: (b)                                        [note 1]


 Lot No 1: Supply and Installation of Computer, Printer and UPS

                                                                           Different
                                                                                            3(three)
   1     Computer, Printer and UPS                       No.      55       Districts as
                                                                                            weeks.
                                                                           per list

Note 1: The Purchaser must specify the option from which the delivery required will start:
           (a) from date of notification of contract award, or
           (b) from date of contract signature, or
           (c) from date of opening of letter of credit; or
           (d) from date of confirmation of letter of credit

e.g. In Column 6 if the delivery required is 10 weeks from date of Notification of contract award, then
type in (a); if the delivery required is 10 weeks from opening of letter of credit type in (c), etc. Each
item of each lot should have the same delivery date and conditions, except in exceptional
circumstances]




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Section 6. Schedule of Requirements


B.       List of Related Services and Completion Schedule

When completing Form G-2 the Tenderer shall quote prices and contract delivery dates for each item
against each lot

 Item      Description of Related Services           Unit of       Quantity        Point at          Required
 No.                                                 Supply        of Units         which           Completion
                                                                   Required      Services are        Date for
                                                                                  required           Services


     1                       2                          3              4               5                 6

           Purchaser‟s Option for delivery terms is: (b)                                              [note 1]


 Lot No 1: Supply and Installation of Computer, Printer and UPS
     1     Installation of Computer,                   No.                       Different
                                                                                                  3(three)
           Printer and UPS                                            55         Districts as
                                                                                                  weeks.
                                                                                 per list

Note 1: The Purchaser must specify the option from which the completion of services will start:
             (a) from date of notification of contract award, or
             (b) from date of contract signature, or
             (c) from date of opening of letter of credit; or
             (d) from date of confirmation of letter of credit

e.g. In Column 6 if the completion required is 10 weeks from date of Notification of contract award, then type in
(a); if the completion required is 10 weeks from opening of letter of credit type in (c), etc. Each item of each lot
should have the same completion date and conditions, except in exceptional circumstances.

Note 2: The Purchaser must decide whether there is a separate unit of supply and quantity of units, otherwise
may specify ONE (1) in both columns or LUMP SUM in Column 4




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Section 7. Technical Specifications



                        Section 7. Technical Specifications
The Goods shall comply with following Technical Specifications:

  Item       Name of Item or                     Technical Specification and Standards
   No        Related Service

   1                2                                             3

 Lot No 1: Supply and Installation of Computer, Printer and UPS



Specification of Personal Computer:
Brand                ISO certified reputed Brand
Model                Must be mentioned
Processor            Intel® Core™ 2 Duo Processor E7400 (1066 FSB) or equivalent
Clock Speed          2.8 GHz (Min.)
Mother Board         Intel G33 Express or equivalent with hyper threading technology support
                     (Minimum 800 MHz FSB)
Cache Memory         Minimum 3MB L2 Cache
RAM                  Minimum 2GB Dual Channel DDR2 SDRAM at 800MHz- 2DIMMs
Hard Disk Drive      Minimum 250GB Serial ATA (7200 RPM) w/DataBurst Cache
Pen Drive            Minimum 4GB
Video Graphics       Integrated Intel Graphics Media Accelerator 3100 or equivalent
CD ROM Drive         Minimum 16X DVD+/- RW Drive (Factory Fitted)
Audio                Integrated 7.1 Channel Audio or compatible
NIC                  10/100mbps LAN Card or Higher configuration
I/O Ports            Minimum 7 USB, 1 Serial, 1 Parallel, RJ-45 network port, 2 PS/2 ports
Expansion Slot       Minimum 3 PCI full set
Monitor              Color 17" SVGA Low Radiation, Digital control Monitor, Resolution 1024x768, 0.27dpi.
Key Board            Standard Enhanced
Mouse                Standard Optical Mouse
Chassis              Tower
Operating System     Free DOS included in the box (Windows XP with original license and CD
Software (Bangla)    LEKHANI/ NICOSH Latest Version with original license and CD
Country of Origin    Must be mentioned
Warranty             3 years full warranty
Specification of LaserJet Printer:
Brand                   ISO certified reputed Brand
Model                   Must be mentioned
Speed                   Minimum 17 PPM
First Page Out          Less than 8.5 Seconds
Processor               266 MHz
Compatibility           WIN 95,98,NT 4.0, 2000 and XP
Resolution              1200 X 1200 dpi with Photo Tone
Paper Capacity          Minimum 250 sheets
Printer Memory          Minimum 8 MB RAM
Interface               High Speed USB
Toner Type              Toner and associated drum unit must be in one case
No. of Toner            1 (One) Black


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Section 7. Technical Specifications


Warranty                1 Year Full warranty
Specification of UPS:
Brand                    ISO certified reputed Brand
Capacity                 1000VA
Input Voltage            160 - 275 Volt
Output Voltage           220 Volt ± 5% (Three Output Socket)
Backup Time              15 min. with full load
Transfer Time            Less then 2 ms
Feature                  Automatic voltage regulator, Surge Protection, Under & Over Voltage Protection
Warranty                 1 Year Full Warranty
Country of Origin        To be mentioned
** All items must be supplied and installed in different location of 55 districts.




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Section 7. Technical Specifications


The Related Services shall comply with following Technical Specifications:

  Item       Name of Item or                     Technical Specification and Standards
   No        Related Service

   1                2                                             3

 Lot No 1: Supply and Installation of Computer, Printer and UPS


   1      Installation of         Installation of Computer, Printer and UPS
          Computer, Printer
          and UPS




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Section 8. Drawing



                                Section 8. Drawings




                                         - Nil -




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